Brooke v. Logan

<p>Parent and Child. — Custody of Child! — Estoppel.—Where a parent places his child in the care and keeping of another, verbally agreeing that the latter may have the custody of such child during minority, he is not thereby estopped to afterwards reclaim its custody.</p> <p>Same. — Fitness of Father. — Might to Custody as Against Guardian. — If a father is a suitable person he is entitled to the custody of his infant child as against its statutory guardian ; but the controlling consideration is the welfare of the child, and if a sufficient reason exists why the father should not have its custody, it will be given to others belter fitted.</p> <p>Same. — Mes Judicata. — Appointment of Guardian. — In order that the appointment of a statutory g.uardian may be conclusive as against the father’s right to the custody of his child, it must appear that he was in court in such manner that the question of his fitness must have been passed on in appointing the guardian.</p> <p>Same.— When Question of Custody Conclusively Settled. — The question of the custody of a minor child, once properly and finally adjudicated, whether in habeas corpus proceedings or otherwise, is settled for all time, unless there be an appeal, and the judgment can not be attacked collaterally.</p> <p>'Same. — Habeas Corpus. — Proceeding to Remove Guardian. — In a proceeding by a father to have the statutory guardian of his child removed and himself appointed, a judgment refusing to grant such relief does not involve the right to the custody of the child, and is not a bar to a proceeding by habeas eoipus.</p> <p>Same. — Return to Writ. — Sufficiency of. — Where the return to the writ of habeas carpus is good upon one ground it is sufficient as against a general exception to it.</p>