Miller v. Morrison
Supreme Court of Kansas
Krror from Atchison District Court. This was au action brought by George H. Miller against Keturah V. Morrison, and Frank E. Shaw as sheriff of Atchison county, to restrain the defendants from enforcing and collecting a certain judgment and an execution issued thereon.
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Krror from Atchison District Court. This was au action brought by George H. Miller against Keturah V. Morrison, and Frank E. Shaw as sheriff of Atchison county, to restrain the defendants from enforcing and collecting a certain judgment and an execution issued thereon. Mrs. Morrison, who was formerly the wife of Miller, was the judgment creditor; Miller was the judgment debtor; and Shaw had the execution in his hands, had already levied the same upon the property of Miller, and was advertising the property for sale. The case was tried at the January term, ■ 1888, before S.H., judge pro tem.,…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
In this state, under all ordinary circumstances, the father and mother of minor children born in lawful wedlock have an equal and joint right to the possession, custody and control of their minor children, and neither has a superior right to the other. (Const, of Kansas, art. 15, §6; act relating to guardians and wards, §1; The State v. Jones, 16 Kas. 111.) And as a consequence of such equal and joint right, they are also under an equal and joint obligation to care for and to support and educate their minor children. (Harris v. Harris, 5…
2Cases cited7 opinions
- In re BortSupreme Court of Kansas · 1881
- Husband v. HusbandIndiana Supreme Court · 1879
- Pawling v. WillsonNew York Supreme Court · 1816
- Finch v. FinchSupreme Court of Connecticut · 1852
- Wood v. BartlingSupreme Court of Kansas · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Allison v. AllisonSupreme Court of Kansas · 1961
- Riggs v. RiggsSupreme Court of Kansas · 1914
- Rowell v. RowellSupreme Court of Kansas · 1916
- French v. FrenchSupreme Court of Kansas · 1951
- Harrington v. LoweSupreme Court of Kansas · 1906
6 more not listed; retrieve them via the Exa API.