Moore v. Christian
Mississippi Supreme Court
Appeal from the decision of Hon. Laeayette Haughton, Chancellor of the First Judicial District, on habeas corpus. The case is stated in the opinion of the court. 1. The mother, as against a stranger, has the legal right to the custody of her minor child.
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Appeal from the decision of Hon. Laeayette Haughton, Chancellor of the First Judicial District, on habeas corpus. The case is stated in the opinion of the court. 1. The mother, as against a stranger, has the legal right to the custody of her minor child. Hurd on Habeas Corpus, 453 ; The Commonwealth v. Hamilton, 6 Mass. 273 ; Mercien v. The People, 25 Wend. 64 ; Paine v. Paine, 4 Humph. 523 ; Nickerson v. Nickerson, 19 Wend. 16 ; Rex v. De Mandeville, 5 East, 220; 2 Kent’s Comm. 205, 213, et seq.; Dedham v. Natick, 16 Mass. 135; Ex parte Bailey, 6 Dowl. P. C. 311. Our statutes clearly…
1Opinion of the CourtChalmers, J.
Bettie Moore, the widowed mother of Frank Moore, a minor, brought this writ of habeas corpus against Thomas F. Christian, to recover possession of her son, whom she alleges is illegally detained in custody by said Christian. Christian answers that the boy is at his house of his own accord ; that he (Christian) exerts no sort of restraint over him ; and that he is at liberty to depart whenever he chooses. The testimony develops this state of facts. The father and mother of the boy had been laborers on the land of Christian. The father *410died shortly before the suing out of the writ. Christian…
2Cases cited1 opinion
- Maples v. MaplesMississippi Supreme Court · 1873
3Cited by20 opinions
- State Ex Rel. Wood v. DeatonTexas Supreme Court · 1900
- In Matter of BadgerSupreme Court of Missouri · 1920
- Hibbette v. BainesMississippi Supreme Court · 1900
- Gilmore v. KitsonIndiana Supreme Court · 1905
- State ex rel. Neider v. ReuffWest Virginia Supreme Court · 1887
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