Telschek v. Fritsch
Court of Criminal Appeals of Texas
Appeal from the County Court of Lavaca. Tried below before Hon. D. A. Pahlhs, County Judge. Appeal from a judgment in a habeas corpus proceeding for the custody -of children. Antone Fritsch, as guardian of two minor children, applied for a writ ■of habeas corpus, alleging that the children were restrained of their liberty and kept from their guardian by Dave Telschek.
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Appeal from the County Court of Lavaca. Tried below before Hon. D. A. Pahlhs, County Judge. Appeal from a judgment in a habeas corpus proceeding for the custody -of children. Antone Fritsch, as guardian of two minor children, applied for a writ ■of habeas corpus, alleging that the children were restrained of their liberty and kept from their guardian by Dave Telschek. The writ was granted, and at the hearing upon the same the custody of the children was awarded to the applicant, Antone Fritsch. Telsehek gave notice of appeal, filed his bond, and brings the case to the Court of Criminal…
1Opinion of the Court
DAVIDSOE", Judge.
To determine the right of possession of two minors the writ of habeas corpus was sued out before the County Judge by the guardian as against the appellant in this case. Upon the hearing of said writ'the custody of the children was awarded to the guardian, and appellant prosecutes this appeal.
Motion is made by the Assistant Attorney-General to dismiss the appeal, because this court has no jurisdiction of this character of appeal. The motion is well taken, and must he sustained. This proceeding is a civil action, and the jurisdiction of this court can only attach in appeals in…
2Cases cited2 opinions
- Ex Parte ReedCourt of Criminal Appeals of Texas · 1894
- Ex Parte Gertrude BerryCourt of Criminal Appeals of Texas · 1894