In Re Hamilton.
Decision Date | 21 September 1921 |
Docket Number | (No. 23.) |
Citation | 108 S.E. 385 |
Court | North Carolina Supreme Court |
Parties | In re HAMILTON. |
Appeal from Superior Court, Beaufort County; Allen, Judge.
In the matter of the custody of Rosa Gray Hamilton, an infant. Petition for writ of habeas corpus by R. H. Hamilton against George D. Davis and wife. From a judgment for respondents, petitioner appeals. Affirmed.
This is a petition for a writ of habeas corpus to determine the right to the custody of a child then about 15 months of age. The petition was filed before one of the judges of the superior court, who transferred the same to the juvenile court. The judge of the juvenile court heard the affidavits and evidence, and made his findings of fact, and adjudged that the petitioner, who is the father of the child, was entitled to her custody. The respondents, who are the maternal grandparents of the child, appealed to the judge of the superior court, who heard the evidence and affidavits, and reversed the findings and order of the clerk, and adjudged that the respondents were entitled to the custody of the child. The following are the facts found by his honor, and his order thereon:
From this judgment, awarding the custody of the child to the respondents, the petitioner appealed.
Tooly & McMullan, of Belhaven, for appellant
Ward & Grimes and Small, MacLean, Bragaw & Rodman, all of Washington, N. C., for appellees.
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State v. Sparrow
...1028, 88 S.Ct. 1418, 20 L.Ed.2d 285; Winner v. Brice, 212 N.C. 294, 193 S.E. 400; In re Coston, 187 N.C. 509, 122 S.E. 183; In re Hamilton, 182 N.C. 44, 108 S.E. 385; State v. Coble, 181 N.C. 554, 107 S.E. 132; State v. Burnett, 179 N.C. 735, 102 S.E. 711. Furthermore, North Carolina follow......
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Spence v. Durham
...court, there being evidence on both sides, is binding and conclusive on appeal.' Shoaf v. Frost, 127 N.C. 306, 37 S.E. 271; In Re Hamilton, 182 N.C. 44, 108 S.E. 385. Judge Clifford who heard the witnesses and observed their demeanor as they testified was in a favored position to ascertain ......
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Blalock, In re
...to the Juvenile Court Act, as construed and applied in State v. Burnett, supra; State v. Coble, supra, and In re Hamilton, 182 N>C. 44, 108 S.E. 385, had this to say: 'From the principles approved in these decisions and in further consideration of the statute and its terms and purpose, it a......
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Walker, In re
...of this Court including State v. Burnett, supra (179 N.C. 735, 102 S.E. 711); State v. Coble, 181 N.C. 554, 107 S.E. 132; In re Hamilton, 182 N.C. 44, 108 S.E. 385; In re Coston, 187 N.C. 509, 122 S.E. 183; Winner v. Brice, 212 N.C. 294, 193 S.E. 400. Furthermore, statutes similar to our ow......