{
  "id": 8651067,
  "name": "ESTHER JONES v. ANDREW COTTEN",
  "name_abbreviation": "Jones v. Cotten",
  "decision_date": "1891-02",
  "docket_number": "",
  "first_page": "457",
  "last_page": "458",
  "citations": [
    {
      "type": "official",
      "cite": "108 N.C. 457"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "96 N. C., 229",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8649809
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/96/0229-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T14:38:29.877932+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "ESTHER JONES v. ANDREW COTTEN."
    ],
    "opinions": [
      {
        "text": "MerrimoN, C. J.:\nWe 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 \u00e1re 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, \u00a7 965) cont\u00e9mplales that, with a view to justice,'a cas\u00e9'may be remanded. The otbpr statute (The Code, \u00a7 1661) confers upon the Court below very large powers tpy\u201c promote, fhe interest and welfare of the children.\u201d Holley v. Holley, 96 N. C., 229; Knott v. Taylor, id., 553.\nRemanded.",
        "type": "majority",
        "author": "MerrimoN, C. J.:"
      }
    ],
    "attorneys": [
      "No counsel for plaintiff.",
      "Mr. C. R. Thomas, for defendant."
    ],
    "corrections": "",
    "head_matter": "ESTHER JONES v. ANDREW COTTEN.\nHabeas Corpus \u2014 Custody of Children \u2014 Practice\u2014Insanity\u2014 Pending Litigation.\nA plaintiff suing for the possession of her children by writ of habeas corpus obtained judgment for their recovery, and the defendant appealed under section 1663 of The Code. After the appeal, and before the hearing in this Court, the plaintiff became insane and was committed to an astlum: Held, the case must be remanded to the Judge now riding the judicial district in which the case was tried, to the end that he may take such action as his jurisdiction over minor children confers.\nThis was a civil ACTION, tried at February Term, 1890, of CraveN Superior Court, by Womack, J.\nThis is a proceeding in which the plaintiff applied for a writ of habeas corpus to. obtain, possession-, of-three of-her minor children named, alleged to be in the possession of the defendant. The writ was issued and served, and return thereof made. At the hearing of the matter, the Court gave judgment that the children be delivered to the plaintiff, whereupon the defendant appealed to this Court, as allowed by the statute (The Code, \u00a7 1662) in such cases.\nIt appears at this term, that since the appeal was taken the plaintiff has become insane and has been committed to, and is now in, the appropriate insane asylum. The counsel for the defendant asks the Court to make such disposition of the appeal as it may deem appropriate and proper.\nNo counsel for plaintiff.\nMr. C. R. Thomas, for defendant."
  },
  "file_name": "0457-01",
  "first_page_order": 491,
  "last_page_order": 492
}