Winter v. Winter
Supreme Court of Iowa
Appeal from Wapello District Goivrt. — Seneca Cornell, Judge. This is a habeas corpus proceeding, involving a controversy over the custody of a child. -The defendant is the father of the child. The trial court awarded to him the custody. The petitioner, by her next friend, Ella Buchanan, has appealed.
1Opinion of the CourtEvans, J.
*861. Parent and child: surviving parent: presumption. *85I. Constance Hope Winter was born in May, 1913. She was born into the arms of a dying mother, whose life went out as that of the babe came in. The other sur*86riving members of the family were the father (defendant herein) and a daughter, Helen, aged about fourteen. Constance was prematurely born, and weighed, at birth, but three pounds. The only hand of rescue held out to the helpless waif was that of Ella Buchanan, the sister of the„ mother, and the plaintiff’s next friend herein. She offered to take it into her home and heart, and no one…
2Cited by18 opinions
- Jensen v. JensenSupreme Court of Iowa · 1946
- Allender Ex Rel. Allender v. SeldersSupreme Court of Iowa · 1940
- Joiner Ex Rel. Joiner v. KnieriemSupreme Court of Iowa · 1952
- Thein v. SquiresSupreme Court of Iowa · 1959
- Paulson Ex Rel. Paulson v. WindelowSupreme Court of Iowa · 1945
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