Richards v. McHan
Supreme Court of Georgia
Habeas corpus. Before Judge Pendleton. Fulton superior court. February 26, 1907. Richards filed his petition for habeas corpus, to obtain the custody and possession of an infant son. The defendants were the maternal grandparents of the child, the mother being dead.
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Habeas corpus. Before Judge Pendleton. Fulton superior court. February 26, 1907. Richards filed his petition for habeas corpus, to obtain the custody and possession of an infant son. The defendants were the maternal grandparents of the child, the mother being dead. The petition alleges, that the plaintiff is the father of the child, and that “petitioner has not parted with said child willingly, nor relinquished nor given up nor forfeited his right to said child by any reason known to the law, or by any other mode.” Mr. McHan, the grandfather of the child,'filed a general denial to the…
1Opinion of the CourtBeck, J.
(After stating the facts.)
1. We agree with counsel for the plaintiff in error that the evidence entirely fails to show any contract upon the part of the plaintiff for the surrendej or relinquishment of his right to the care and custody of the infant, for the possession of which the habeas-corpus proceedings were instituted. Where such a contract is claimed and relied on, a clear and strong case must be 'made, and the terms of the contract must be definite and certain. Looney v. Martin, 123 Ga. 209 (51 S. E. 304). Tested bjr this rule, the contract relied on was not established by the…
2Cases cited2 opinions
- Miller v. WallaceSupreme Court of Georgia · 1886
- Looney v. MartinSupreme Court of Georgia · 1905
3Cited by15 opinions
- Chapin v. CummingsSupreme Court of Georgia · 1940
- Sloan v. JonesSupreme Court of Georgia · 1908
- Hill v. RiversSupreme Court of Georgia · 1946
- Perkins v. CoursonSupreme Court of Georgia · 1964
- Durden v. JohnsonSupreme Court of Georgia · 1942
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