Mantooth v. Hopkins
Supreme Court of Arkansas
Certiorari to Jackson Circuit Court; R. E. Jeffery, Judge; STATEMENT BY THE COURT. Some time in the year 1894 or 1895, petitioner, P. T. Mantooth, married Mary Turner, who lived at that time in Jackson County with respondent, Mary Vaught. Respondent had partially reared Mary Turner and had treated her as a mother would treat her own child.
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Certiorari to Jackson Circuit Court; R. E. Jeffery, Judge; STATEMENT BY THE COURT. Some time in the year 1894 or 1895, petitioner, P. T. Mantooth, married Mary Turner, who lived at that time in Jackson County with respondent, Mary Vaught. Respondent had partially reared Mary Turner and had treated her as a mother would treat her own child. Some time after the marriage Mantooth and his wife moved to Franklin County, where they lived together until December, 1899, when they separated. There was a dispute as to the cause of the separation, the petitioner claiming that his wife had left him,…
1Opinion of the Court
Wood, J.,
(after stating the facts). The general rule is well understood and well established that the father as the natural guardian of his child is entitled to its custody. The petitioner invokes this rule as it has been recognized in various decisions-of this court, including Bowles v. Dickson, 32 Ark. 96; Verser v. Ford, 37 Ark. 29; Warsaw v. Gimble, 50 Ark. 351; Coulter v. Sypert, 78 Ark. 193; Lipsey v. Battle, 80 Ark. 289; Wafford v. Clark, 82 Ark. 467; Baker v. Durham, 95 Ark. 355; and Waldron v. Childers, 105 Ark. 180. But an examination of the cases will discover that while this…
2Cases cited5 opinions
- Chapsky v. WoodSupreme Court of Kansas · 1881
- Baker v. DurhamSupreme Court of Arkansas · 1910
- Washaw v. GimbleSupreme Court of Arkansas · 1887
- Coulter v. SypertSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. ChamberlainSupreme Court of Arkansas · 1912
3Cited by8 opinions
- Knight v. DeaversSupreme Court of Arkansas · 1976
- Johnston v. LowerySupreme Court of Arkansas · 1930
- Andrews v. AndrewsSupreme Court of Arkansas · 1915
- Tucker v. TuckerSupreme Court of Arkansas · 1944
- Larkin v. PridgettSupreme Court of Arkansas · 1966
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