In Re Turner
Supreme Court of North Carolina
Appeal from order rendered by Joseph S. Adams, J., in habeas corpus proceedings, Bunoombe County, September, 1909. This is an application for a writ of habeas corpus, which was issued on the petition of Elizabeth Turner for the possession and custody of Constance Elizabeth Turner, hereinafter designated as Constance; and on the hearing of said petition, James B. Turner, father of Constance, came in and asked that he be made one of the petitioners with the original…
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Appeal from order rendered by Joseph S. Adams, J., in habeas corpus proceedings, Bunoombe County, September, 1909. This is an application for a writ of habeas corpus, which was issued on the petition of Elizabeth Turner for the possession and custody of Constance Elizabeth Turner, hereinafter designated as Constance; and on the hearing of said petition, James B. Turner, father of Constance, came in and asked that he be made one of the petitioners with the original petitioner, Elizabeth Turner, which was granted. After considering all of the evidence adduced by the petitioner, Elizabeth…
1Opinion of the Court
Waliker, J.,
after stating the case: The ruling of Judge Joseph S. Adams in this case is, we think, fully sustained by the authorities and principles of law applicable to such cases. We repeat what we said in Newsome v. Bunch, 144 N. C., at p. 16, that the father-is, in the first instance, entitled to the custody of his child. But this rule of the common law has more recently been relaxed, and it has been said that where the custody of children is the subject of dispute between different claimants, the legal rights of parents and guardians will be respected by the courts as being founded in…
2Cases cited2 opinions
- Harris v. . HarrisSupreme Court of North Carolina · 1894
- In Re LewisSupreme Court of North Carolina · 1883
3Cited by23 opinions
- In Re AldermanSupreme Court of North Carolina · 1911
- James v. PretlowSupreme Court of North Carolina · 1955
- Griffith v. GriffithSupreme Court of North Carolina · 1954
- In Re MeansSupreme Court of North Carolina · 1918
- Howell v. . SolomonSupreme Court of North Carolina · 1914
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