In re Sidle
North Dakota Supreme Court
Habeas corpus for tbe possession of a minor child. Statement of facts by Bruce, J.. This is a proceeding upon a writ of habeas corpus to determine the right to the custody of Herbert Clark, an infant, the controversy being between the natural parents and the parents by adoption of the child, who is now some eight years of age.
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Habeas corpus for tbe possession of a minor child. Statement of facts by Bruce, J.. This is a proceeding upon a writ of habeas corpus to determine the right to the custody of Herbert Clark, an infant, the controversy being between the natural parents and the parents by adoption of the child, who is now some eight years of age. The testimony shows that, W. J. Sidle and Elsie Edwards (Sidle) were married in the city of Maquoketa, Iowa, on the 28th day of February, 1901, and soon after their marriage removed to Mandan, North Dakota; that about six months after their marriage the child was born;…
1Opinion of the CourtBruce, J.
(after stating the facts as above). Although the proceedings are, in their form, proceedings under the writ of habeas corpus, the personal liberty of the child is only technically involved, and the whole question in controversy is the right to his custody and possession. In such' a case the court sits more as a court of equity than .as a court of law. Its controlling consideration must be the interests of the child, and its paramount duty is to leave that child where those interests will be the best subserved. Knapp v. Tolan, 26 N. D. 23, 49 L.R.A.(N.S.) 83, 142 N. W. 915; Hochheimer, Custody…
2Cases cited18 opinions
- Green v. CampbellWest Virginia Supreme Court · 1891
- Cormack v. MarshallIllinois Supreme Court · 1904
- Kelsey v. GreenSupreme Court of Connecticut · 1897
- Sloan v. JonesSupreme Court of Georgia · 1908
- Lamar v. HarrisSupreme Court of Georgia · 1903
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3Cited by16 opinions
- Yahola v. BerryhillSupreme Court of Oklahoma · 1937
- State ex rel. Lofthus v. LangerNorth Dakota Supreme Court · 1920
- Odegard v. OdegardNorth Dakota Supreme Court · 1977
- In Re GibbonsSupreme Court of North Carolina · 1957
- Sjol v. SjolNorth Dakota Supreme Court · 1949
11 more not listed; retrieve them via the Exa API.