Wagner v. Erickson

CRIMSON, Chief Justice.

In this case Theodore Wagner, and Goldie Wagner, petitioned the court for the issuance of a writ of habeas corpus under Chapter 32-22, NDRC 1943. They allege that Theodore Wagner’s daughter, Darlene, is being detained in custody and control by the defendants without any authority, and ask that the defendants bring said Darlene before the court for a determination of who has the right to her custody. A writ of habeas corpus was issued by the court. The defendants made a return to the writ showing that they had Darlene before the court as commanded and claiming that when…