Franklin v. Carswell
| Decision Date | 26 November 1897 |
| Citation | Franklin v. Carswell, 103 Ga. 553, 29 S.E. 476 (Ga. 1897) |
| Parties | FRANKLIN v. CARSWELL. |
| Court | Georgia Supreme Court |
Syllabus by the Court.
The father is entitled to the custody of his child during minority, unless such right has been relinquished or forfeited, and when, in a habeas corpus proceeding involving such custody, the evidence was conflicting as to whether the favor of the grandmother, the discretion of the trial judge in awarding the child to the custody of the father will not be controlled.
Error from superior court, Ware county; J. L. Sweat, Judge.
Habeas corpus proceedings to determine the custody of a child between Mrs. A. G. Franklin and M. J. Carswell.Judgment for the latter, and the former brings error.Affirmed.
Atkinson & Dunwoody and Estes & Jones, for plaintiff in error.
Toomer & Reynolds, for...
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1 cases
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Sanders v. Sanders
...not been shown to be unfit, might have been meritorious prior to passage of the previously cited statute in 1913 (see Franklin v. Carswell, 103 Ga. 553, 29 S.E. 476 (1897)), under the present state of the law the appellant's argument is clearly without The appellant's argument that the tria......