Goodchild v. Foster
Michigan Supreme Court
Certiorari to Hooker, J. Habeas Corpus. Respondent appeals. The fact that relator in babeas corpus proceedings is tbe mother of minors detained from her is not conclusive as to her right to their custody; it must further appear that it is for the welfare of the children to have them placed in her charge: Oorrie v. Gorrie 42 Mich. 509; Hurd on Habeas Corpus 462-3; Schouler’s Horn.
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Certiorari to Hooker, J. Habeas Corpus. Respondent appeals. The fact that relator in babeas corpus proceedings is tbe mother of minors detained from her is not conclusive as to her right to their custody; it must further appear that it is for the welfare of the children to have them placed in her charge: Oorrie v. Gorrie 42 Mich. 509; Hurd on Habeas Corpus 462-3; Schouler’s Horn. Bel. § 248; a final adjudication upon the right of contending parties to the control, custody, nurture and education of a child is as much foreign to the nature of chamber powers as one where the possession and…
1Opinion of the CourtOampbtsll, J.
Mrs. G-oodchild brought habeas corpus to get possession of her children in the State public school, to which they had been sent under an order of Judge Dnrfee, probate judge of Wayne county. Despondent brought certiorari against the decision restoring them to her possession.
The objection made on the argument to the jurisdiction of the circuit judge is not made in the affidavit for the writ of certiorari. But we do not think there is any foundation for such an objection. Proceedings must be speedy to be valuable, and the long practice that has sanctioned such action is unquestionably correct.…
2Cited by3 opinions
- Oversmith v. LakeMichigan Supreme Court · 1940
- Potter v. FrohbachWisconsin Supreme Court · 1907
- Karrib v. BaileyMichigan Supreme Court · 1920