Legal Opinion

In re Mould

Michigan Supreme Court

Decided June 8, 1910No. Calendar No. 24,070PublishedCited by 7 opinions

Habeas corpus proceedings by Florence J. Chappell against Ada Freeman, a probation officer, to obtain the release from custody of Lois Mould, an infant. Exercising original jurisdiction, this court issued the writ of habeas corpus to bring before the court Lois Mould, a female child 12 years of age, who, it was represented, was unlawfully restrained of her liberty by the probation officer of Wayne county.

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Habeas corpus proceedings by Florence J. Chappell against Ada Freeman, a probation officer, to obtain the release from custody of Lois Mould, an infant. Exercising original jurisdiction, this court issued the writ of habeas corpus to bring before the court Lois Mould, a female child 12 years of age, who, it was represented, was unlawfully restrained of her liberty by the probation officer of Wayne county. This officer produced the child, as she was commanded to do, and returned that she had her in custody by virtue of an order of the probate court of Wayne county, and also by virtue of an…

1Opinion of the CourtOstrander, J.

(after stating the facts). If this was a proceeding brought to determine the right of a parent or guardian to the care and custody of a child, it would be urged with propriety that the determination of the right by a court of competent jurisdiction ought not to be reviewed or set aside by another court exercising the same jurisdiction upon the same facts. In re Sneden, 105 Mich. 61 (62 N. W. 1009, 55 Am. St. Rep. 435). In the case supposed an appellate court would not disturb a finding of fact based upon competent testimony (Carpenter v. Carpenter, 149 Mich. 138 [112 N. W. 748]; Smith v.…

2Cases cited3 opinions

  1. Carpenter v. CarpenterMichigan Supreme Court · 1907
  2. In re SnedenMichigan Supreme Court · 1895
  3. Smith v. KielMichigan Supreme Court · 1907

3Cited by7 opinions

  1. Sovereign v. SovereignMichigan Supreme Court · 1958
  2. Greene v. WalkerMichigan Supreme Court · 1924
  3. In Re Joseph NowackMichigan Supreme Court · 1936
  4. People v. McIntireMichigan Court of Appeals · 1967
  5. In Re FullerMichigan Supreme Court · 1952

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