Legal Opinion

In re Kohl

Missouri Court of Appeals

Decided January 8, 1900PublishedCited by 13 opinions

Original Habeas Corpus. (1) The court had jurisdiction in habeas corpus. Constitution of the state of Missouri, see. 12, art. 6; Act of March, 1883, sec. 4; Session Laws 1885, p. 215; R. S. 1889, chap. 78, sec. 5346. In court of record. In re McDonald, 19 Mo. App. 390; R. S. 1889, chap. 78, sec. 5415, as to the custody of children. (2) The action of any former court does not and can not be reviewed by this court. In re Laura Doyle, 16 Mo.

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Original Habeas Corpus. (1) The court had jurisdiction in habeas corpus. Constitution of the state of Missouri, see. 12, art. 6; Act of March, 1883, sec. 4; Session Laws 1885, p. 215; R. S. 1889, chap. 78, sec. 5346. In court of record. In re McDonald, 19 Mo. App. 390; R. S. 1889, chap. 78, sec. 5415, as to the custody of children. (2) The action of any former court does not and can not be reviewed by this court. In re Laura Doyle, 16 Mo. App. 159. (3) A father can not irrevocably divest himself of his right and duty to have the custody and charge of his child. In re Scarritt, 76 Mo. 565. (5)…

1Opinion of the CourtGill, J.

The subject-matter of this controversy is the custody of a little girl less than four years of age and who is the only child resulting 'from the marriage of Peter and-Kate Kohl. In February, 1899, the latter procured in the circuit court of Linn county, Missouri, a decree of divorce from said Peter Kohl, and the court at the time awarded the care, custody and control of the infant to said Kate .Kohl. When this writ was sued out by Peter Kohl, the child was in the immediate possession of Mr. and Mrs. Rauer, of Linn county, who are the parents of Mrs. Kate Kohl. These old people claim to have…

2Cases cited6 opinions

  1. In re MorganSupreme Court of Missouri · 1893
  2. Lessee of Barton v. Heirs of MorrisOhio Supreme Court · 1846
  3. Dubois v. JohnsonIndiana Supreme Court · 1884
  4. Williams v. WilliamsIndiana Supreme Court · 1859
  5. Sherwood v. SherwoodSupreme Court of Iowa · 1881

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3Cited by13 opinions

  1. Kelly v. KellySupreme Court of Missouri · 1932
  2. Krauthoff v. KrauthoffMissouri Court of Appeals · 1915
  3. Wakefield v. ThorpSupreme Court of Missouri · 1955
  4. Laumeier v. LaumeierSupreme Court of Missouri · 1925
  5. State Ex Rel. Burtrum v. SmithSupreme Court of Missouri · 1947

8 more not listed; retrieve them via the Exa API.

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