Board of Supervisors v. Leigh

Citations

• 69 Miss. 754

Syllabus

<p>1. Habeas Corpus. Custody of children. Not found. Procedure.</p> <p>Where the petition alleges that the rightful custody of certain children is withheld, by the defendant from petitioner, and the sheriff’s return on the writ of habeas corpus shows that they are not found, the court should not, in their absence, entertain objections to the petition or proceed fur-, ther with the hearing of the case. A writ should be issued requiring the defendant to produce the children or show that he cannot do so.</p> <p>2. Poor Orphans. Board of supervisors. Jurisdiction. Code 1880, § 037.</p> <p>The board of supervisors in each county has jurisdiction of poor orphans therein, and is authorized to direct the supervisor of the district in which any such orphans are, to bind them out. Code 1880, § 637.</p> <p>3. Same. Order of board. Custody of orphans. Code 1880, § 2519.</p> <p>Where the board makes an order directing one of its members (presumably the supervisor from the proper district) to procure a home for certain poor orphans in the county, and their custody is withheld from him, he may, under § 2519, code 1880, by habeas corpus, obtain the custody of the children, that they may be dealt with according to law.</p> <p>4. Same. Order of board. Surplusage.</p> <p>The order of the board directing a home to be procured for the children being valid, it is immaterial that, because of a controversy as to their custody, it recites that the children “be not placed in the hands of either of the parlies now contending for them.”</p>