Franklin v. Carswell

Supreme Court of Georgia

Franklin v. Carswell

29 S.E. 476, 103 Ga. 553, 1897 Ga. LEXIS 406

CourtSupreme Court of Georgia

DecidedNovember 26, 1897

StatusPublished

Cited by3 cases

This text of 29 S.E. 476 (Franklin v. Carswell) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Franklin v. Carswell, 29 S.E. 476, 103 Ga. 553, 1897 Ga. LEXIS 406 (Ga. 1897).

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Opinion

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.

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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.

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Bluebook (online)

29 S.E. 476, 103 Ga. 553, 1897 Ga. LEXIS 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/franklin-v-carswell-ga-1897.

Opinion

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