Ogletree v. Ellington

Nov 11, 1914
Reporters:
, ,
Before:
Atkinson
Atkinson, J.

1. A habeas-corpus proceeding was instituted by the father of a two-year-old girl child, against the ‍‌‌​​‌‌​​‌‌‌‌‌​‌‌​‌​‌​​​‌​​‌‌‌‌‌​‌‌​​‌‌​​​‌‌‌‌​​‌​​​​​​​​‌​​‌‌​‌​‌‌‌​​‌​‌​​​​‌‌​​​‌‌​‌‌‌‌‌​​‌‌​‌‌‍maternal grandmother, to recover possession of the child, at the trial of which the defendant set up a right to the possession, based on an alleged gift by the father when the child was ‍‌‌​​‌‌​​‌‌‌‌‌​‌‌​‌​‌​​​‌​​‌‌‌‌‌​‌‌​​‌‌​​​‌‌‌‌​​‌​​​​​​​​‌​​‌‌​‌​‌‌‌​​‌​‌​​​​‌‌​​​‌‌​‌‌‌‌‌​​‌‌​‌‌‍two days old, acceptance of the gift, and subsequent support of the child. Though conflicting, the evidence was sufficient to authorize the judge to find that there was a gift of the child.

2. The ‍‌‌​​‌‌​​‌‌‌‌‌​‌‌​‌​‌​​​‌​​‌‌‌‌‌​‌‌​​‌‌​​​‌‌‌‌​​‌​​​​​​​​‌​​‌‌​‌​‌‌‌​​‌​‌​​​​‌‌​​​‌‌​‌‌‌‌‌​​‌‌​‌‌‍evidence was of such character as would have authorized the judge to find that either party would be a proper person to have possession of the child.

3. The evidence which was admitted over objection, ‍‌‌​​‌‌​​‌‌‌‌‌​‌‌​‌​‌​​​‌​​‌‌‌‌‌​‌‌​​‌‌​​​‌‌‌‌​​‌​​​​​​​​‌​​‌‌​‌​‌‌‌​​‌​‌​​​​‌‌​​​‌‌​‌‌‌‌‌​​‌‌​‌‌‍upon which error was assigned, was not of such character as would require a reversal of the judgment on account of any error in the ruling of the court admitting it.

4. There was no ‍‌‌​​‌‌​​‌‌‌‌‌​‌‌​‌​‌​​​‌​​‌‌‌‌‌​‌‌​​‌‌​​​‌‌‌‌​​‌​​​​​​​​‌​​‌‌​‌​‌‌‌​​‌​‌​​​​‌‌​​​‌‌​‌‌‌‌‌​​‌‌​‌‌‍abuse of discretion in awarding the custody of the child to the defendant. Judgment affirmed.

AU the Justices concur.