Ellis v. Jones

• Decision Date: 22 June 1922
• Docket Number: 6 Div. 571.
• Citation: 208 Ala. 45,93 So. 832
• Parties: ELLIS v. JONES.
• Court: Alabama Supreme Court

93 So. 832

208 Ala. 45

ELLIS v. JONES.

6 Div. 571.

Supreme Court of Alabama

June 22, 1922

Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge.

Petition by John Jones against Mary Ellis for custody of child under the age of 14 years. From a decree committing the care and custody of the child to the petitioner, the respondent appeals. Affirmed.

Pinkney Scott, of Bessemer, for appellant.

Palmer H. Bell, of Birmingham, for appellee.

MILLER J.

This is a petition for the custody and control of a girl under 14 years of age, under act approved February 19, 1919 (Gen. Acts 1919, p. 128), and that she be declared a ward of the state. The petition was filed in the juvenile court of Jefferson county, Ala., under said act, by T. J. Jones, the uncle of the girl, Dessie Jones, and against Mary Ellis, the aunt, in whose custody she was at that time. The petition contained averments sufficient to give the court jurisdiction to hear and determine the cause. Its sufficiency was not questioned in the court. The juvenile court, on hearing the case declared Dessie Jones was a dependent child, and gave the care and custody of her to the petitioner, T. J. Jones, until further orders of the court. From this judgment of the court on the same day it was rendered, Mrs. Mary Ellis, the aunt appealed, as allowed and in the manner provided by section 25 of the Acts of 1919, p. 128, to the circuit court, equity jurisdiction, Bessemer division of the county. This circuit court, in equity, heard the cause, and declared the judgment of the juvenile court was correct, and decreed that the care and custody of Dessie Jones be given to T. J. Jones, the petitioner, until further orders by a court of competent jurisdiction. From this decree, Mrs. Mary Ellis, aunt of Dessie Jones, appeals to this court, and assigns it as error.

Section 5 of the Acts of 1919, p. 128, provides that this juvenile court "shall have power under the terms of this act to determine the question of the dependency, neglect or delinquency of any child or children, in such counties, and when so adjudicated to declare such children to be, for the purpose of this act, wards of the state, and to make and enter such judgment or orders for their custody, discipline, supervision, care, protection and guardianship, as in the judgment of the court will be for the welfare and best interests of such child or children." This juvenile court, in providing for the custody, care, control, supervision, etc., of the child, must be guided by her welfare and her best interest. The welfare and best interest of the child must govern, guide, and control the court in determining the custody, care, control, supervision, etc., of the child.

Section 25 of this act (Gen. Acts 1919, p. 128) provides that the circuit court in equity upon appeal "shall try said case de novo, and shall proceed under and in pursuance of the intent and terms of this act to render such judgment as to it shall seem just, and to be for the best interest of society, and for the welfare of such child." The court of equity must try the case de novo. In hearing the cause and rendering its decree it must proceed under and in pursuance of the intent and terms of the act, and render such decree as seems just to it under the testimony, and the court must also look to and be guided in reaching its conclusion by the best interest of society and the welfare of the child. Section 25, Gen. Acts 1919, p. 128.

This child, ...