Carter v. Brett
Cases that cite this one
19 later published cases cite this decision.
- Perkins v. Courson (Ga. 1964)
- Shope v. Singleton (Ga. 1943)
- Saxon v. Brantley (Ga. 1932)
- In the Interest of A. M. Y. (Ga. Ct. App. 1989)
- In re MAF (Ga. 1985)
- In re M. A. F. (Ga. 1985)
- Queen v. Ballew (Ga. 1965)
- Tenney v. Tenney (Ga. 1958)
- Parker v. Parker (Ga. 1957)
- Hill v. Rivers (Ga. 1946)
- Beavers v. Williams (Ga. 1945)
- Morris v. Grant (Ga. 1943)
- Fortson v. Fortson (Ga. 1943)
- Fortson v. Fortson (Ga. 1943)
- Chapin v. Cummings (Ga. 1940)
- Carswell, Moxley & Son v. Harrison (Ga. Ct. App. 1924)
- Stanford v. Gray (Utah 1912)
- Eaves v. Fears (Ga. 1908)
- Southern Railway Co. v. Flemister (Ga. 1904)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
1. Where a father relinquishes the custody and control of his minor child to another, the latter, if a suitable and proper person to have such custody and control, is legally entitled thereto.
2. It is, on the hearing of a writ of habeas corpus, an improper exercise of discretion to render a judgment depriving one legally entitled to the custody of a minor child of the same and awarding such custody to another, when there is undisputed evidence showing the right and fitness of the former to have such custody, and no evidence to the contrary.
3. It results from the application of what is laid down above to the present case, that the court erred m not sustaining the certiorari.
Judgment reversed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.