Walker v. Eldridge

Supreme Court of Arkansas

Walker v. Eldridge

240 S.W.2d 43, 219 Ark. 35, 1951 Ark. LEXIS 460

CourtSupreme Court of Arkansas

DecidedJune 5, 1951

Docket4-9608

StatusPublished

Cited by6 cases

This text of 240 S.W.2d 43 (Walker v. Eldridge) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Walker v. Eldridge, 240 S.W.2d 43, 219 Ark. 35, 1951 Ark. LEXIS 460 (Ark. 1951).

Pincite

Opinion

PEE CUEIAM.

Appellant and appellee were divorced in 1944. Custody of two minor children was given to the mother. A daughter, Sharon Carle Eldridge, is in her ninth year and was the subject of an action brought by the father, resulting in an order of May 23, 1951, transferring custody from the mother “during the summer vacation months. ’ ’ The mother was given the right to visit the child from nine o ’clock until 5 each Saturday. The Chancellor stated that he would determine, “by (his) own investigation of the surroundings, where said child should be.” Believing this to be a temporary order, the Court denied the right of appeal. This was error. A decree awarding or changing the custody of children is final, from which an appeal may be taken. Gregory v. Jackson, 212 Ark. 363, 205 S. W. 2d 471. See, also, Sager v. Hibbard, 203 Ark. 672, 158 S. W. 2d 922; Blake v. Smith, 209 Ark. 304, 190 S. W. 2d 455.

The petitioner’s prayer for certiorari will be treated as an application for appeal. The respondent is directed to deposit with the Clerk of the Chancery Court sufficient money to pay court costs, including a transcript of the record, and to make a,n initial payment of $50 to apply on the petitioner’s attorney’s fee. The Clerk of this Court will issue certiorari to bring up the appeal record.

Millwee and Robinson, JJ., not participating.

Free access — add to your briefcase to read the full text and ask questions with AI

PEE CUEIAM.

Appellant and appellee were divorced in 1944. Custody of two minor children was given to the mother. A daughter, Sharon Carle Eldridge, is in her ninth year and was the subject of an action brought by the father, resulting in an order of May 23, 1951, transferring custody from the mother “during the summer vacation months. ’ ’ The mother was given the right to visit the child from nine o ’clock until 5 each Saturday. The Chancellor stated that he would determine, “by (his) own investigation of the surroundings, where said child should be.” Believing this to be a temporary order, the Court denied the right of appeal. This was error. A decree awarding or changing the custody of children is final, from which an appeal may be taken. Gregory v. Jackson, 212 Ark. 363, 205 S. W. 2d 471. See, also, Sager v. Hibbard, 203 Ark. 672, 158 S. W. 2d 922; Blake v. Smith, 209 Ark. 304, 190 S. W. 2d 455.

The petitioner’s prayer for certiorari will be treated as an application for appeal. The respondent is directed to deposit with the Clerk of the Chancery Court sufficient money to pay court costs, including a transcript of the record, and to make a,n initial payment of $50 to apply on the petitioner’s attorney’s fee. The Clerk of this Court will issue certiorari to bring up the appeal record.

Millwee and Robinson, JJ., not participating.

Cite This Page — Counsel Stack

Bluebook (online)

240 S.W.2d 43, 219 Ark. 35, 1951 Ark. LEXIS 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-eldridge-ark-1951.

Opinion

Related

Cite This Page — Counsel Stack