In re Scarritt
Supreme Court of Missouri
Habeas Corpus. The testimony proves beyond cavil the following facts: 1st, That the little girl, Berenice, has a great affection for and is very much attached to the petitioner, her father, and his wife. 2nd, That Berenice’s father, the petitioner, and his wife, are devotedly attached to this little child; and are very much grieved and pained because of the circumstances which deprive them of her society and affection; and that they are willing, desirous and exceedingly…
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Habeas Corpus. The testimony proves beyond cavil the following facts: 1st, That the little girl, Berenice, has a great affection for and is very much attached to the petitioner, her father, and his wife. 2nd, That Berenice’s father, the petitioner, and his wife, are devotedly attached to this little child; and are very much grieved and pained because of the circumstances which deprive them of her society and affection; and that they are willing, desirous and exceedingly anxious to have the little girl in their own custody, and to care for her, train her, educate her, build her up in her moral…
1Opinion of the CourtRay, J.
This is a proceeding, by writ of habeas corpus, at the instance of Edward L. Scarritt, to obtain the custody of the person of his child, Berenice S. Scarritt, alleged to be unlawfully withheld by the respondents, James 0. Swinney and Maria C. Swinney, his wife.
The application states substantially that the petitioner., on July-8th, 1874, married respondents’ daughter, and that there was born of this marriage, on May 20th, 1875, one child—the infant Berenice, the subject of this controversy that her mother died August 28th, 1876, and that after her death petitioner removed to Kansas City, his…
2Cases cited3 opinions
- Rust v. VanvacterWest Virginia Supreme Court · 1866
- People ex rel. Nickerson v.New York Supreme Court · 1837
- Johnson v. TerrySupreme Court of Connecticut · 1867
3Cited by41 opinions
- Legate v. LegateTexas Supreme Court · 1894
- State Ex Rel. Wood v. DeatonTexas Supreme Court · 1900
- Weir v. MarleySupreme Court of Missouri · 1889
- Green v. CampbellWest Virginia Supreme Court · 1891
- Ex Parte De CastroMissouri Court of Appeals · 1945
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