Legal Opinion

Gauthier v. Walter

Supreme Court of Minnesota

Decided February 4, 1910No. Nos. 16,499—(239)PublishedCited by 20 opinions

Upon the petition of Hermánelos Gauthier a writ of habeas corpus directed to'-Adelbert Walter and his wife Emma was issued by the district court for Ramsey county, requiring them to show cause why they detained petitioner’s son, Archie Gauthier.

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Upon the petition of Hermánelos Gauthier a writ of habeas corpus directed to'-Adelbert Walter and his wife Emma was issued by the district court for Ramsey county, requiring them to show cause why they detained petitioner’s son, Archie Gauthier. They answered that the child came into their custody by the wish of his mother when he was less than two years old and for thirteen years since that time had been cared for and educated by them; that the father was not a fit person to have the custody of the child and 'such custody would be detrimental to the child’s interests. The court, Bunn, J.,…

1Opinion of the CourtO’Brien, J.

This is an appeal by the Walters, respondents in the court below, from an order of the district court in habeas corpus proceedings awarding the custody of Archie Gauthier, a minor, to the relator, Hermandos Gauthier.

The minor, whose custody is the contention in this case, is now a little more than fifteen years of age and is the son of the relator by his former wife, Rose. It appears that shortly after the birth of this child the relator and his wife separated. The child was for a while in an infants’ home at Eau Claire, Wisconsin, afterwards with some relatives, and finally, when about two…

2Cases cited3 opinions

  1. State ex rel. Flint v. FlintSupreme Court of Minnesota · 1895
  2. State ex rel. Anderson v. AndersonSupreme Court of Minnesota · 1903
  3. Arne v. HollandSupreme Court of Minnesota · 1902

3Cited by20 opinions

  1. State ex rel. Platzer v. BeardsleySupreme Court of Minnesota · 1921
  2. Jacobs v. JacobsSupreme Court of Minnesota · 1917
  3. Geibe v. GeibeCourt of Appeals of Minnesota · 1997
  4. State Ex Rel. Feeley v. WilliamsSupreme Court of Minnesota · 1929
  5. Molto v. MoltoSupreme Court of Minnesota · 1954

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