Legal Opinion

Martin v. Benzie Circuit Judge

Michigan Supreme Court

Decided March 27, 1918No. Calendar No. 27850PublishedCited by 12 opinions

Mandamus by Harley Martin and another to compel Charles B. Collingwood, acting circuit judge of Benzie county, to grant a hearing upon a writ of habeas corpus.

1Opinion of the CourtKuhn, J.

This proceeding involves the right of a father to prosecute a writ of habeas corpus to obtain the custody of his own daughter.

Leola Martin, the child here in question, was born on or about November 4, 1913, and is the daughter of Harley Martin, one of the plaintiffs herein, and of Vera Martin, who died at the birth of the child. After the mother’s death, an arrangement was made by the father with Cassius and Isabella Chandler (Cassius Chandler being the brother of the mother of the child) to take the child to their home. There was no special contract made, written or otherwise, and no…

2Cases cited2 opinions

  1. In re KingSupreme Court of Kansas · 1903
  2. Case v. RanneyMichigan Supreme Court · 1913

3Cited by12 opinions

  1. In Re ErnstMichigan Supreme Court · 1964
  2. In Re GilleCalifornia Court of Appeal · 1924
  3. In re GoldingerMichigan Supreme Court · 1919
  4. Greene v. WalkerMichigan Supreme Court · 1924
  5. Harmsen v. FizzellMichigan Supreme Court · 1958

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