TaiLexi AI U.S. Case Law

McClure v. Williams

McCLURE v. WILLIAMS Et Al.

McClure v. Williams, 78 So. 853 (Ala. 1918)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Supreme Court of Alabama · State Highest Courts
Decided
May 9, 1918
Docket
No. 8 Div. 100.
Judges
Anderson, Gardner, McOLELLAN, Sayre
Citations
78 So. 853201 Ala. 4991918 Ala. LEXIS 84
Disposition
Affirmed.
Headnotes
1. Adoption <&wkey;16 — -Restoration oe Adopted Child. In a bill to restore an adopted child to its natural parents, the court, having due regard for that parental love which covers a multitude of shortcomings, is clothed with a sound discretion to grant such relief as the best interests of the child.may demand. 2. Adoption <&wkey;16 ■ — Restoration — Discretion oe Court. Although a child has been adopted by proceedings in probate court under Code 1907, § 5202, a court of equity, its jurisdiction being properly invoked, exercises a free discretion in disposing of the child for its own benefit and welfare. 3. Adoption <&wkey;16 — Restoration—Consent oe Parents. In bill for restoration of a child to its natural parents, adoption proceedings had by consent and request of the parents is not without weighty consideration.
Summary
.Appeal from Circuit Court, Morgan County; R. C. Briekell, Judge. Bill by Walter N. McClure against W. B. Williams and others. Bill dismissed, and plaintiff appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Sayre

SAYRE, J.

[1-3]

Appellant filed this bill praying that a certain- record of the probate court, evidencing a declaration of adoption and the decretal order thereon by which .appellees adopted a minor child of appellant, he canceled and annulled, and that the child be restored to the custody of his natural parents. In every case involving such issues the court, having due regard for that parental love which covers a multitude of shortcomings, is clothed with a sound discretion to grant or refuse relief as the best interests of the infant may demand. Kirkbride v. Harvey, 139 Ala. 231 , 35 South. 848 . As has appeared in the foregoing statement, appellees have adopted the child in this ease by a formal proceeding in the probate court under section 5202 of the Code. Nevertheless, the court of equity, its jurisdiction being properly invoked, exercises a free discretion in disposing of the child for its own benefit and welfare. Murphree v. Hanson, 197 Ala. 246 , 72 South. 437 . In this case the adoption proceeding, though not concluding the judgment to be rendered, is not without weighty consideration in that connection, for upon the evidence the court is thoroughly well satisfied that it was had with the consent and at the request of the parents of the child. Not only so, but, upon the whole case, details of which need not be here stated, the court is of opinion that the best interests of the child require that the decree under con *500 sideration, by which appellant’s bill was dismissed, should be affirmed.

It is so ordered.

ANDERSON, C. J., and McOLELLAN and GARDNER, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1919: 11924: 11933: 11944: 11945: 12002: 219192026peak 2002 · 2

Relies on it most ⓘ

  1. K.L.B. v. W.M.F.864 So. 2d 333 (Ala. Civ. App. 2002)
  2. Klb v. Wmf864 So. 2d 333 (Ala. Civ. App. 2002)
  3. Buttrey v. West102 So. 456 (Ala. 1924)
  4. Praytor v. Cole23 So. 2d 713 (Ala. 1945)
  5. Rhodes v. Lewis20 So. 2d 206 (Ala. 1944)
  6. Fletcher v. Preston148 So. 137 (Ala. 1933)

Most recent

  1. Klb v. Wmf864 So. 2d 333 (Ala. Civ. App. 2002)
  2. K.L.B. v. W.M.F.864 So. 2d 333 (Ala. Civ. App. 2002)
  3. Praytor v. Cole23 So. 2d 713 (Ala. 1945)
  4. Rhodes v. Lewis20 So. 2d 206 (Ala. 1944)
  5. Fletcher v. Preston148 So. 137 (Ala. 1933)
  6. Buttrey v. West102 So. 456 (Ala. 1924)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Murphree v. Hanson, 72 So. 433 (Ala. 1916) 72
Kirkbride v. Harvey, 139 Ala. 231 (1903) 17

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list