Ferguson v. Ferguson
Supreme Court of Missouri
Appeal from, Platte Circuit Court. I. The petition in this case was not sufficient to authorize, the court below to issue the writ, and the same should have been quashed. By 1st sec. of R. C. 1855, p. 82—concerning “ guardians, curators,” &c.—the father, while living, is made the lawful guardian of his children; § 15 of the same act gives him the charge, custody and control of the person of his wards, &c.
Read the full summary
Appeal from, Platte Circuit Court. I. The petition in this case was not sufficient to authorize, the court below to issue the writ, and the same should have been quashed. By 1st sec. of R. C. 1855, p. 82—concerning “ guardians, curators,” &c.—the father, while living, is made the lawful guardian of his children; § 15 of the same act gives him the charge, custody and control of the person of his wards, &c. The petition in this case fails to show that the children have no father who was their guardian, or that he was unfit to have the care and custody of his children; or to show any cause why…
1Opinion of the CourtHolmes, Judge
This case comes here by appeal from the Circuit Court of Platte county, upon a judgment or decree rendered therein upon a petition for a writ of habeas corpus. It appears that a writ of habeas corpus was issued upon the petition; that the defendant made return to the writ, and that a hearing was had upon it, before the court, concerning the custody or alleged restraint of three minor children of Mason and Mary Ferguson, of the ages respectively of one, three and seven years; the eldest being a daughter — the other two, sons. Upon the hearing, the court assumed jurisdiction, not only to…
2Cases cited2 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Howe v. StateSupreme Court of Missouri · 1846
3Cited by10 opinions
- Weir v. MarleySupreme Court of Missouri · 1889
- Pugh v. PughWest Virginia Supreme Court · 1949
- Buchanan v. BuchananSupreme Court of Virginia · 1938
- Daugherty v. NelsonMissouri Court of Appeals · 1950
- Wisener, Sheriff v. BurrellSupreme Court of Oklahoma · 1911
5 more not listed; retrieve them via the Exa API.