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Franklin v. Carswell

Franklin v. Carswell, 29 S.E. 476 (Ga. 1897)
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Court
Supreme Court of Georgia · State Highest Courts
Decided
November 26, 1897
Judges
Cobb
Citations
29 S.E. 476103 Ga. 5531897 Ga. LEXIS 406
Summary
Habeas corpus. Before Judge Sweat. Ware county. July 20, 1897.

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

Opinion of the Court — Cobb

Text extracted by OCR from a scanned original; check the original for exact wording.

Cobb, J.

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 father had relinquished his parental right in favor of the grandmother, the discretion of the trial judge in awarding the child to the custody of the father will not be controlled.

Judgment affirmed.

All the Justices concurring.

How later courts describe this case

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

1898: 11931: 11978: 118982026peak 1898 · 1

Relies on it most ⓘ

  1. Lockhart v. Lockhart162 S.E. 129 (Ga. 1931)
  2. Sanders v. Sanders250 S.E.2d 488 (Ga. 1978)
  3. Marlow v. Marlow31 S.E. 146 (Ga. 1898)

Most recent

  1. Sanders v. Sanders250 S.E.2d 488 (Ga. 1978)
  2. Lockhart v. Lockhart162 S.E. 129 (Ga. 1931)
  3. Marlow v. Marlow31 S.E. 146 (Ga. 1898)

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 0

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