Snead v. Davis

90 So. 2d 825, 265 Ala. 229, 1956 Ala. LEXIS 525

Opinions

LIVINGSTON, Chief Justice.

This is an appeal from a judgment of the circuit court denying and dismissing a petition addressed to the judge of the circuit court for a habeas corpus, whereby petitioner sought to have awarded to her the custody of five minor children. By a previous decree of the court, said children had been awarded to Hubert Davis, their father, in a decree granting him a divorce from this petitioner on the ground of voluntary abandonment, not resisted by her. That decree was rendered August 9, 1954. The instant petition alleged that Hubert Davis died March 6, 1955, and appellees, Mr. and Mrs. Herbert Davis, have taken over the custody of the children. Herbert Davis is said in brief to be a brother of Hubert Davis. The circuit court denied and dismissed the petition for the reason as stated in the decree that it appears that the Juvenile Court of Marshall County has been given jurisdiction of this matter. We find nothing in the record to support that statement, and appellees have not furnished us with a brief indicating how the circuit court in equity lost, or why it does not retain, the jurisdiction assumed in the decree of divorce.

An appeal is the proper method of reviewing the judgment since it is a final judgment and appealable under Sec. 754, Title 7 (not under Sec. 369, Title 15, as amended, Cum.Pocket Part, Code 1940). Edwards v. Sessions, 254 Ala. 522, 48 So.2d 771; Lynn v. Wright, 252 Ala. 106, 42 So.2d 489; Thomas v. State, 215 Ala. 1, 109 So. 607.