Legal Opinion

Sheers v. Stein

Wisconsin Supreme Court

Decided November 5, 1889PublishedCited by 18 opinions

EEEOE to the Circuit Court for La Fayette County. On the petition, in due form, of Louis P. Sheers, the plaintiff in error, a writ of habeas corpus was duly issued to the respondents by H. 0. Martin, a court commissioner, commanding them to produce before him Agnes Minnie Sheers, by them alleged to be detained and imprisoned, together with the time and cause of such detention or imprisonment, and to make return to said writ before him on a day therein named.

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EEEOE to the Circuit Court for La Fayette County. On the petition, in due form, of Louis P. Sheers, the plaintiff in error, a writ of habeas corpus was duly issued to the respondents by H. 0. Martin, a court commissioner, commanding them to produce before him Agnes Minnie Sheers, by them alleged to be detained and imprisoned, together with the time and cause of such detention or imprisonment, and to make return to said writ before him on a day therein named. The respondents obeyed the mandate of the writ by producing the said Agnes Minnie before the commissioner and making return to said…

1Opinion of the Court

LyqN, J".

The arguments of counsel on both sides are long, eloquent, and able, and cover every phase of the case. ^Counsel cite therein numerous authorities to sustain their 'respective positions; but it is deemed unnecessary to review .them here, because the law of the case seems to be well .settled, and it may be stated quite briefly.-

By the common law, as interpreted in some of the old cases, particularly in England, the father had almost an absolute right to the care and custody of his minor child, without much regard to his fitness therefor or the welfare of the child. Modern…

2Cases cited1 opinion

  1. In re Goodenough ex rel. GoodenoughWisconsin Supreme Court · 1865

3Cited by18 opinions

  1. Hibbette v. BainesMississippi Supreme Court · 1900
  2. Gilmore v. KitsonIndiana Supreme Court · 1905
  3. Schiltz v. RoenitzWisconsin Supreme Court · 1893
  4. State v. BaileyIndiana Supreme Court · 1901
  5. Peese v. GellermanCourt of Appeals of Texas · 1908

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