Holmes v. Sanders, 522

Decision Date23 November 1955
Docket NumberNo. 522,522
Citation90 S.E.2d 382,243 N.C. 171
CourtNorth Carolina Supreme Court
PartiesSeaborne HOLMES v. Bannie SANDERS and Martha Sanders.

Canaday & Canaday, Smithfield, for plaintiff appellant.

Wellons & Wellons, Smithfield, for defendants appellees.

PER CURIAM.

Upon the facts found by the court, supported by sufficient competent evidence, the judgment from which appeal is taken is accordant with the well settled principle in North Carolina that in matters pertaining to their custody, the welfare of children is 'the polar star by which the discretion of the courts is to be guided,' In re Lewis, 88 N.C. 31; Finley v. Sapp, 238 N.C. 114, 76 S.E.2d 350, and cases cited. See also Atkinson v. Downing, 175 N.C. 244, 95 S.E. 487, where custody of a child awarded to a grandparent was not disturbed on appeal.

Affirmed.

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4 cases
  • Morrison, In re
    • United States
    • North Carolina Court of Appeals
    • August 27, 1969
    ...782; In re Custody of Owenby, 3 N.C.App. 53, 164 S.E.2d 55; In re Custody of Pitts, 2 N.C.App. 211, 162 S.E.2d 524; Holmes v. Sanders, 243 N.C. 171, 90 S.E.2d 382; Holmes v. Sanders, 246 N.C. 200, 97 S.E.2d 683; In re Coston, 187 N.C. 509, 122 S.E. In the instant case the mother and father ......
  • Leonard v. Benfield
    • United States
    • North Carolina Supreme Court
    • November 23, 1955
  • Greer v. Greer
    • United States
    • North Carolina Court of Appeals
    • June 18, 1969
    ...the child is the polar star by which the court's decision must ever be guided.' In Re Custody of Pitts, Supra. Also, see Holmes v. Sanders, 243 N.C. 171, 90 S.E.2d 382, where the Supreme Court, in upholding the trial court's decision to award custody of a child to the grandparents, stated t......
  • State v. Breeze, 7510SC135
    • United States
    • North Carolina Court of Appeals
    • May 21, 1975

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