(Download) "In Re Thompson" by Supreme Court of Montana * eBook PDF Kindle ePub Free
eBook details
- Title: In Re Thompson
- Author : Supreme Court of Montana
- Release Date : January 29, 1926
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Habeas Corpus ? Appeal ? Parent and Child ? Custody of Child ? Legitimacy ? Presumption. Appeal and Error ? Appeal Lies, When. 1. An appeal is authorized by statute only and unless a judgment or order falls fairly within the enumeration of those made appealable by the statute, an appeal does not lie therefrom. Supreme Court ? Language in Opinion to be Read in Connection With Facts of Case. 2. Language used in an opinion by the supreme court on any given question must be limited in its application to the facts considered therein. Habeas Corpus ? Custody of Minor ? Judgment Appealable. 3. A proceeding in habeas corpus, the object of which is to determine the right to the custody of a minor, is a special proceeding of a civil nature to enforce private rights; the disposition made of it by the court is a judgment from which an appeal may be taken under section 9731, Revised Codes of 1921. Same ? Minors ? Custody ? Competency of Parent ? Who may Question. 4. Quaere: May one who has no legal right to the custody of a child question the competency of a parent to care for it? Parent and Child ? Child Born in Wedlock Presumed Legitimate. 5. A child born in wedlock is presumed to be legitimate even though it was conceived before the marriage of the mother; such presumption cannot be overcome by circumstances which only create doubt or suspicion, but to overcome it the evidence must be strong, distinct and wholly satisfactory. Same ? Custody of Child ? Habeas Corpus ? Fitness of Parents ? Extent of Inquiry by Court. 6. Under section 5834, Revised Codes of 1921, the father and mother of a legitimate unmarried child are equally entitled to its custody, and where a father, deeming the mother unfit to have charge of a child, had placed it in the care of his sister and her husband, the latter were his agents empowered to resist attempts of the mother to regain its custody by habeas corpus and the court could properly permit an investigation into facts which would have been available to the father if attempt had been made to take the child from him. - Page 467 Same ? Custody of Minor ? Welfare of Child Paramount Consideration. 7. In awarding the custody of a minor, the welfare of the child is to be regarded more than the technical rights of the parents, and the decision of the district judge ought not to be disturbed except upon a clear showing of abuse of discretion lodged in him.
 "In Re Thompson" by Supreme Court of Montana * eBook PDF Kindle ePub Free){kind=link}