Hall v. Wintermute
Supreme Court of Iowa
Appeal from Taylor District Court. — Hon. H. M. Townee, J udge. This is a habeas corpus proceeding, whereby the petitioner seeks to obtain custody of his minor daughter. The defendant is the maternal grandfather of the minor, in whose family the minor and her mother had lived for about one year before these proceedings were begun. In this home the mother died Octoer 10, 1910, and this proceeding was begun a few days thereafter.
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Appeal from Taylor District Court. — Hon. H. M. Townee, J udge. This is a habeas corpus proceeding, whereby the petitioner seeks to obtain custody of his minor daughter. The defendant is the maternal grandfather of the minor, in whose family the minor and her mother had lived for about one year before these proceedings were begun. In this home the mother died Octoer 10, 1910, and this proceeding was begun a few days thereafter. The petition was dismissed, and the petitioner appeals.
1Opinion of the CourtEvans, J.
1. Parent and child: custody of discretion. The plaintiff and his wife had become estranged for some time prior to the wife’s death. At the time of her death plaintiff’s action for divorce was pending against her. A year or more before that time the wife had brought an action for divorce against him, and afterwards dismissed the same -and lived with him a short time. The parties had formerly lived in Taylor county. Since 1908 the plaintiff has lived in New Mexico. His residence proper is upon a homestead eighteen miles from the town of Nara Visa. He also has residence rooms in Nara Visa,…
2Cited by2 opinions
- Adams v. StewartSupreme Court of Iowa · 1924
- Hall v. WintermuteSupreme Court of Iowa · 1914