Mabbett v. Mabbett
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. John M. Flynn, Judge. Habeas corpus proceedings for custody of children. A father, who has never voluntarily surrendered his paramount or equal right to the custody of his child, and is not an unfit person to have that trust, should not be absolutely deprived of all enjoyment of its society. (People v. Mercein, 3 Hill (N. Y.), 399, 38 Am. Dec. 644; Miller v. Wallace, 76 Ga. 479, 2 Am.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. John M. Flynn, Judge. Habeas corpus proceedings for custody of children. A father, who has never voluntarily surrendered his paramount or equal right to the custody of his child, and is not an unfit person to have that trust, should not be absolutely deprived of all enjoyment of its society. (People v. Mercein, 3 Hill (N. Y.), 399, 38 Am. Dec. 644; Miller v. Wallace, 76 Ga. 479, 2 Am. St. 48; Wilcox v. Wilcox, 14 N. Y. 575; Drumb v. Keen, 47 Iowa, 435; State ex rel. Mayne v. Baldwin, 5 N. J. Eq. 454, 45…
1Opinion of the CourtMccarthy, J.
Appellant sued out a writ of habeas corpus to obtain the custody of his minor children from respondent, their mother. In addition to alleging that he was able to support the children and the respondent was *613unable, he alleged that she denied him the right to see his children and to furnish them with the necessaries and conveniences of life. On the trial he introduced proof of these latter allegations. After hearing the evidence offered by appellant and the testimony of one wetness on behalf of respondent, the trial judge dispensed with the introduction of further evidence and decided that the…
2Cases cited9 opinions
- Cormack v. MarshallIllinois Supreme Court · 1904
- Jain v. PriestIdaho Supreme Court · 1917
- Andrino v. YatesIdaho Supreme Court · 1906
- State ex rel. Flint v. FlintSupreme Court of Minnesota · 1895
- Stewart v. StewartIdaho Supreme Court · 1919
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3Cited by3 opinions
- In re the Controversy Between the Rexburg Investment Co.Idaho Supreme Court · 1922
- Marks v. VehlowIdaho Supreme Court · 1983
- Marks v. VehlowIdaho Supreme Court · 1983