Smith v. Haas
Supreme Court of Iowa
Appeal from Allamakee District Court.— Hon. L. E. Fellows, Judge. Action brought by plaintiff, as guardian, for an order directing the defendants, who have actual custody of the minor wards, to surrender said wards to the plaintiff as guardian. . The defendants allege that they are the uncle and aunt of the wards, and have had their custody and care since the death of their father, and are willing and able to provide for their support and education.
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Appeal from Allamakee District Court.— Hon. L. E. Fellows, Judge. Action brought by plaintiff, as guardian, for an order directing the defendants, who have actual custody of the minor wards, to surrender said wards to the plaintiff as guardian. . The defendants allege that they are the uncle and aunt of the wards, and have had their custody and care since the death of their father, and are willing and able to provide for their support and education. Defendants also allege that the plaintiff, who was appointed guardian of these wards on the death of their father, is an unfit person to have…
1Opinion of the CourtMcClain, C. J.
*4951. Actions: form. *494This action is described by counsel for plaintiff as a proceeding by habeas corpus to secure the custody of the wards as against defendants, in whose custody they are now found. But we think that the action cannot *495thus be properly described. None of the allegations of the petition indicate that it is a petition for a writ of habeas corpus, but it is difficult to assign any particular character to the action as brought. It appears to be an ordinary action at law, in which the relief asked is not the recovery of damages, but the awarding to plaintiff of the custody of minors.…
2Cases cited8 opinions
- People Ex Rel. Pruyne v. . WaltsNew York Court of Appeals · 1890
- Matter of WelchNew York Court of Appeals · 1878
- Burger v. FrakesSupreme Court of Iowa · 1885
- Jenkins v. ClarkSupreme Court of Iowa · 1887
- Guardianship of Mary v. HenrySupreme Court of Iowa · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Joiner Ex Rel. Joiner v. KnieriemSupreme Court of Iowa · 1952
- Hoy v. HeaverSupreme Court of Iowa · 1915
- Doyle v. DuganSupreme Court of Iowa · 1940
- In Re Estate of WeidmanSupreme Court of Iowa · 1930
- Consolidated Construction Co. v. BegunckSupreme Court of Iowa · 1943
1 more not listed; retrieve them via the Exa API.