Ex rel. Shaw v. Nachtwey
Supreme Court of Iowa
Appeal from Order of Judge of Tenth Judicial Oircuit. The petition alleges that Hattie L. Shaw, aged twelve years, is illegally restrained of her liberty by the defendant, and prays the writ, of habeas corpus to the end that said Hattie L. Shaw may be discharged from her illegal detention, and that petitioner may be awarded her custody and control.
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Appeal from Order of Judge of Tenth Judicial Oircuit. The petition alleges that Hattie L. Shaw, aged twelve years, is illegally restrained of her liberty by the defendant, and prays the writ, of habeas corpus to the end that said Hattie L. Shaw may be discharged from her illegal detention, and that petitioner may be awarded her custody and control. Upon, the hearing the judge dismissed tlxe sxxit, and ordered that the custody of said child remain with Theodore Nachtwey and his wife. The plaintiff appeals. The pai'ents are the natural guardians of their xninor ehildren and are equally entitled…
1Opinion of the CourtDay, J.
From the testimony introduced upon the bearing, the judge found the following facts:
“That Hattie L. Shaw is the daughter of the petitioner, D. L. .Shaw; that she was born on the 24th day of December, 1862, and that on the 31st day of January, 1863, she was placed in the care and custody of Theodore Nachtwey, under and by virtue of á written agreement, signed by the said D. L. Shaw and Theodore Nachtwey, which agreement is in evidence on this hearing, and bearing date of January 31, 1863; that said agreement as between the said Shaw and Nachtwey is valid; that by the terms thereof the said…
2Cited by18 opinions
- Sloan v. JonesSupreme Court of Georgia · 1908
- Brooke v. LoganIndiana Supreme Court · 1887
- Bonnett ex rel. Newmeyer v. BonnettSupreme Court of Iowa · 1883
- Drumb v. KeenSupreme Court of Iowa · 1877
- Risting v. SparboeSupreme Court of Iowa · 1917
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