Jones v. . Cotten

13 S.E. 161, 108 N.C. 457

• Court: Supreme Court of North Carolina
• Decided: February 5, 1891
• Status: Published

Opinion

MerrimoN, C. J.:

We are of opinion that the case must be remanded to the Judge now riding the second judicial district, to the end that he shall have and take jurisdiction of, and take such further action in, the matter as the condition of the children mentioned and the circumstances of the case may warrant and require according to law. Such proceedings and matters áre largely summary in their nature, and may be conducted in the sound discretion of the Court in such way as, in view of the varient circumstances of the case, will promote the ends of justice, secure the rights of parties, apd afford adequate protection to the children .whose custody-may be-in question. The statute (The Code, § 965) contémplales that, with a view to justice,'a casé'may be remanded. The otbpr statute (The Code, § 1661) confers upon the Court below very large powers tpy“ promote, fhe interest and welfare of the children.” Holley v. Holley, 96 N. C., 229; Knott v. Taylor, id., 553.

Remanded.