Martin v. Vincent
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. W. F. McNaughton, Judge. Sabeos corpus by parents to obtain custody of minor child. In habeas corpus proceedings, by the parents for the custody of their child held under commitment as a delinquent, the return takes the place of the complaint and it must show the reason, if any there be, why such parents are not suitable and competent persons to have the custody of such minor.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. W. F. McNaughton, Judge. Sabeos corpus by parents to obtain custody of minor child. In habeas corpus proceedings, by the parents for the custody of their child held under commitment as a delinquent, the return takes the place of the complaint and it must show the reason, if any there be, why such parents are not suitable and competent persons to have the custody of such minor. (Allen v. Williams, 31 Ida. 309, 171 Pac. 493; Ex parte Collins, 151 Cal. 340, 129 Am. St. 122, 90 Pac. 827, 91 Pac. 397.) The…
1Opinion of the CourtRice, C. J.
Appellants filed a petition in this court, setting forth that respondent wrongfully detained their minor son, Dean Martin, in the Idaho Industrial Training School and unlawfully deprived them of his custody. This court issued the writ, and ordered that it be made returnable before the district court of the eighth judicial district at Coeur d’Alene.
The material issues in that court are the following: Respondent in his return alleged that he detained the body of Dean Martin, as Superintendent of the Idaho Industrial Training School, and not otherwise, under and by virtue of an order of…
2Cases cited2 opinions
- In re a Writ of Habeas Corpus for SharpIdaho Supreme Court · 1908
- Allen v. WilliamsIdaho Supreme Court · 1918
3Cited by10 opinions
- Electors of Big Butte Area v. State Board of EducationIdaho Supreme Court · 1957
- State v. AllmonIdaho Supreme Court · 1930
- Idaho Department of Health & Welfare v. DoeIdaho Supreme Court · 2011
- Hewlett v. Probate CourtIdaho Supreme Court · 1946
- In Re GordonWashington Supreme Court · 1943
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