Tytler v. Tytler
Wyoming Supreme Court
Error to the District Court, Sweetwater County, IioN. David H. Craig, Judge. Habeas corpus, for the custody of minor children. The case and material facts are stated in the opinion. An affidavit of a witness taken without notice to the opposite party is not admissible' on a' hearing in habeas corpus.
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Error to the District Court, Sweetwater County, IioN. David H. Craig, Judge. Habeas corpus, for the custody of minor children. The case and material facts are stated in the opinion. An affidavit of a witness taken without notice to the opposite party is not admissible' on a' hearing in habeas corpus. (Rev. Stat. 1899, Secs. 5496, 3705.) Whenever the application is sought of the rule that error not prejudicial will not cause a reversal, the absence of prejudice must clearly appear, so as to show beyond doubt that the error could not have been prejudicial. (Deery v. Cray, 5 Wall., 79s; Smith v.…
1Opinion of the Court
Scott, Justice.
The defendant in error, Frederick John Tytler, plaintiff below, under the provisions of the habeas corpus act applied to the Judge of the Third Judicial District for a writ of habeas corpus to recover the custody of his two minor children, Muriel, aged thirteen and one-half years, and Eric, aged five and one-half years, from their mother, Helen Maud Tytler, defendant below. John St. A. Boyer, the brother of Helen Maud Tytler, was joined as defendant, but there was a disclaimer of any right to the possession of the children by him, a finding in his favor and a dismissal of the…
2Cases cited5 opinions
- Nugent v. PowellWyoming Supreme Court · 1893
- Jones v. DarnallIndiana Supreme Court · 1885
- Joab v. SheetsIndiana Supreme Court · 1884
- Sturtevant v. State ex rel. HavensNebraska Supreme Court · 1884
- Jones v. BowmanWyoming Supreme Court · 1904
3Cited by25 opinions
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- Fanning v. FanningWyoming Supreme Court · 1986
- Laughton v. LaughtonWyoming Supreme Court · 1953
- Yates v. YatesWyoming Supreme Court · 1985
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