Legal Opinion

Jennings v. Jennings

Supreme Court of Iowa

Decided June 13, 1881PublishedCited by 10 opinions

Appeal from Davis District Court. A writ of habeas corpus was sued out by the plaintiff, a minor, at the instance of Julia Jennings, his mother, to test the question whether he was illegally restrained by the defendant, his father. The court adjudged the said Julia was entitled to the custody, and so awarded. The defendant appeals.

1Opinion of the CourtSeevers, J.

Julia Jennings and the defendant were divorced by the District Court of Lee county, in February, 1873. The plaintiff is their child, and was then about eleven months old; and the Lee District Court, at the time the decree of divorce was rendered, further decreed the said Julia should have the care and custody of the plaintiff. Since the plaintiff was about eighteen months old, .the defendant has had the custody of the plaintiff, and, upon demand being made, the defendant refused to surrender the plaintiff to the said Julia.

The defendant made return to the writ in form of an answer to the…

2Cases cited3 opinions

  1. Lessee of Barton v. Heirs of MorrisOhio Supreme Court · 1846
  2. Wakefield v. IvesSupreme Court of Iowa · 1872
  3. Ex rel. Shaw v. NachtweySupreme Court of Iowa · 1876

3Cited by10 opinions

  1. Franklin v. BonnerSupreme Court of Iowa · 1926
  2. Brandon v. BrandonSupreme Court of Georgia · 1922
  3. Dunkin v. SeifertSupreme Court of Iowa · 1904
  4. Gilliam v. GilliamSupreme Court of Iowa · 1977
  5. Mylius ex rel. Mylius v. CargillNew Mexico Supreme Court · 1914

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