Legal Opinion

State ex rel. Rea v. Kinmore

Supreme Court of Minnesota

Decided June 30, 1893PublishedCited by 9 opinions

Appeal by Sanford Kinmore and Ida Kinmore Ms wife, from a decision of the District Court of Lyon County, B. F. Webber, J., given and entered June 21, 1892, discharging the child Jessie Eea from their custody. On February 26, 1892, two of the county commissioners of Lyon County presented a petition to the Probate Court of that county asking that Jessie Eea, a female child, be sent to the State Public School at Owatonna.

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Appeal by Sanford Kinmore and Ida Kinmore Ms wife, from a decision of the District Court of Lyon County, B. F. Webber, J., given and entered June 21, 1892, discharging the child Jessie Eea from their custody. On February 26, 1892, two of the county commissioners of Lyon County presented a petition to the Probate Court of that county asking that Jessie Eea, a female child, be sent to the State Public School at Owatonna. The mother of the child consented that the application be granted. On March 1,1892, that court made an order reciting that the child Jessie Eea was born August 28, 1888; that…

1Opinion of the CourtCollins, J.

This is a habeas corpus proceeding, brought before us on appeal by respondent from a judgment entered in District *139Court awarding the custody of the child in question to the relator, its father. From the return made to the writ of habeas corpus, and from the record of the proceedings had in the court below, it appears that in the year 1892 the child had been received into the state public school at Owatonna in accordance with the provisions of Laws 1885, ch. 146, as amended by Laws 1889, ch. 167, and had then been transferred to respondent’s family, as authorized by section 13 of said chapter…

2Cases cited5 opinions

  1. Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
  2. People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
  3. State ex rel. Erickson v. WestSupreme Court of Minnesota · 1889
  4. State ex rel. Noonan v. Sheriff of Hennepin CountySupreme Court of Minnesota · 1877
  5. In re WilliamsSupreme Court of Minnesota · 1888

3Cited by9 opinions

  1. State ex rel. Bales v. BaileySupreme Court of Minnesota · 1908
  2. State ex rel. Kelly v. WolferSupreme Court of Minnesota · 1912
  3. Winnovich v. EmeryUtah Supreme Court · 1908
  4. State ex rel. Carmody v. ReedSupreme Court of Minnesota · 1916
  5. Wallace v. WhiteSupreme Judicial Court of Maine · 1916

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