In re Morgan
Supreme Court of Missouri
Habeas Corpus. (1) This is not a proceeding to determine the question of the .guardianship of this child, but one touching hór custody, and is prosecuted before this, court under the express authority of the statute. Revised Statutes, 1889, sec. 5415; Be Laura Doyle, 16 Mo. App. 159. Were it a proceeding to adjudge the guardianship of the child, the probate court alone, and not the circuit court, as is contended by respondent’s counsel, would have the right to determine it.
Read the full summary
Habeas Corpus. (1) This is not a proceeding to determine the question of the .guardianship of this child, but one touching hór custody, and is prosecuted before this, court under the express authority of the statute. Revised Statutes, 1889, sec. 5415; Be Laura Doyle, 16 Mo. App. 159. Were it a proceeding to adjudge the guardianship of the child, the probate court alone, and not the circuit court, as is contended by respondent’s counsel, would have the right to determine it. Revised Statutes, 1889, see. 5281. (2) The mere pendency of divorce proceeding between this respondent and the relator,…
1Opinion of the CourtBlack, C. J.
— On the sixth- of February, 1893, the petitioner, Mary E. Morgan, sued out of this court a writ of habeas corpus to obtain possession of her child between three and four years of age, then in- the custody of Harry E. Morgan, the father of the child and husband of the plaintiff. The defendant made return to the writ, setting up various matters, some of which are admitted and others denied. Two of these issues go to the jurisdiction of this court. As to these issues the parties have agreed upon the facts, and they present the only questions now before us for consideration.
The agreed facts are:
“…
2Cases cited2 opinions
- State ex rel. Dawson v. St. Louis Court of AppealsSupreme Court of Missouri · 1889
- Scoggins v. . ScogginsSupreme Court of North Carolina · 1879
3Cited by39 opinions
- Krauthoff v. KrauthoffMissouri Court of Appeals · 1915
- Wakefield v. ThorpSupreme Court of Missouri · 1955
- S. v. GMissouri Court of Appeals · 1957
- State Ex Rel. Couplin v. HostetterSupreme Court of Missouri · 1939
- State Ex Rel. Burtrum v. SmithSupreme Court of Missouri · 1947
34 more not listed; retrieve them via the Exa API.