Legal Opinion

Allison v. Bryan

Supreme Court of Oklahoma

Decided June 25, 1908No. 2049, Okla. TPublishedCited by 35 opinions

Error from, District Court, Cleveland County; C, F. Irwin, Trial Judge. Petition by Anna Bryan for a writ of habeas corpus, to recover the custody of Xenner Whittaker Allison, Jr., a minor, against Xenner Whittaker Allison, Sr., and another. From a judgment of the district court awarding the minor to petitioner, on appeal from a probate court decree denying such relief, defendants bring error.

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Error from, District Court, Cleveland County; C, F. Irwin, Trial Judge. Petition by Anna Bryan for a writ of habeas corpus, to recover the custody of Xenner Whittaker Allison, Jr., a minor, against Xenner Whittaker Allison, Sr., and another. From a judgment of the district court awarding the minor to petitioner, on appeal from a probate court decree denying such relief, defendants bring error. Anna Bryan, defendant in error, on the 14th day of February, 1906, filed in the office of the probate court of Cleveland county her petition and application for a writ of habeas corpus, for the purpose…

1Opinion of the Court

Dunn, ¿T.

(after stating the facts as above). . Section 36, art. 9, c. 59 (section 3795) Wilson’s Rev. & Ann. St. 1903, provides :

“The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as such, with the consent of his wife if he is married, into- his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as such; and such child is thereupon deemed for all purposes legitimate from the time of its birth. The foregoing provisions of this article do 'not apply to such an adoption.”

On the trial of this cause in the district court…

2Cases cited11 opinions

  1. Blythe v. AyresCalifornia Supreme Court · 1892
  2. Cebrian v. De LaveagaCalifornia Supreme Court · 1904
  3. Graham v. BennetCalifornia Supreme Court · 1852
  4. Davenport v. DavenportSupreme Court of Louisiana · 1906
  5. Eddie v. EddieNorth Dakota Supreme Court · 1899

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3Cited by35 opinions

  1. Davis v. DavisSupreme Court of Oklahoma · 1985
  2. Allison v. BryanSupreme Court of Oklahoma · 1910
  3. State Ex Rel. Lewis v. Lutheran Social Services of Wisconsin & Upper MichiganWisconsin Supreme Court · 1973
  4. Home of the Holy Infancy v. KaskaTexas Supreme Court · 1965
  5. In Re Wray's EstateMontana Supreme Court · 1933

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