In re Blackburn
Missouri Court of Appeals
Original Proceeding■ by Habeas Corpus. (1) None of the evidence relative to the request of the deceased, Lizzie Blackburn, to her parents to keep her child after her death is admissible. Such request is irrelevant, as any arrangement of that kind under our law is void.
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Original Proceeding■ by Habeas Corpus. (1) None of the evidence relative to the request of the deceased, Lizzie Blackburn, to her parents to keep her child after her death is admissible. Such request is irrelevant, as any arrangement of that kind under our law is void. In the cases where such arrangements have been admitted in evidence, the reason for their admission is that ’the arrangement was made by the parent who was a party to the suit, and is relevant on the ground that it is a circumstance touching his affection for the child, which is entitled to be considered with other…
1Opinion of the CourtGill, J.
This is a proceeding by writ of habeas corpus, instituted by Marshall Blackburn to recover the possession of his child Lydia, now in the custody of Carroll Logsdon and wife, who are the maternal grandparents of the said Lydia. In August, 1884, Marshall Blackburn and Lizzie Logsdon were married. This union resulted in the birth of Lydia (the subject of this unhappy controversy) in September, 1885. The young couple continued to live together as husband and wife, at or near the town of Blackburn, Saline county, Missouri, till in January, 1887, when a temporary separation occurred. After an…
2Cases cited9 opinions
- Chapsky v. WoodSupreme Court of Kansas · 1881
- Weir v. MarleySupreme Court of Missouri · 1889
- Bryan v. LyonIndiana Supreme Court · 1885
- In re ScarrittSupreme Court of Missouri · 1882
- Taylor v. JeterSupreme Court of Georgia · 1862
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3Cited by10 opinions
- Krauthoff v. KrauthoffMissouri Court of Appeals · 1915
- Stone v. DuffyMassachusetts Supreme Judicial Court · 1914
- I v. BMissouri Court of Appeals · 1957
- Leclerc v. LeclercSupreme Court of New Hampshire · 1931
- In Re Estate of AllenCalifornia Supreme Court · 1912
5 more not listed; retrieve them via the Exa API.