Legal Opinion

Johnston v. Johnston

Wisconsin Supreme Court

Decided February 5, 1895PublishedCited by 6 opinions

Ereob to review a judgment of tbe circuit court for Winnebago county: G-eo. W. BueNell, Circuit Judge. This is a writ of error to the circuit court for "Winnebago county, to review the judgment of that court in a proceeding by the plaintiff in error on his petition for a writ of habeas corpus directed to the defendant in error, his wife, to obtain the custody and control of the minor children of their marriage, namely, Lulu May Johnston, aged eight years, and Nathan E.…

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Ereob to review a judgment of tbe circuit court for Winnebago county: G-eo. W. BueNell, Circuit Judge. This is a writ of error to the circuit court for "Winnebago county, to review the judgment of that court in a proceeding by the plaintiff in error on his petition for a writ of habeas corpus directed to the defendant in error, his wife, to obtain the custody and control of the minor children of their marriage, namely, Lulu May Johnston, aged eight years, and Nathan E. Johnston, aged seven years; the petitioner claiming that he is a suitable and proper person for the care and custody of his…

1Opinion of the CourtPiNNEY, J.

It appears from the evidence that the parties were married in 1885, and in April of'that year went to the house of the petitioner’s father, Nathan Johnston, to live; that the respondent left that place and took the children with her to her father’s in Oshkosh, in February, 1887, where' she kept them a few weeks, and then took them to Milwaukee and kept them there until December of the same year, and then she and her husband took them back to his father’s, where they remained most of the time until Octo*418ber 13,1893, when the respondent took them from the school they were attending to her…

2Cases cited3 opinions

  1. Mercein v. People ex rel. BarryNew York Supreme Court · 1840
  2. Sheers v. SteinWisconsin Supreme Court · 1889
  3. In re Goodenough ex rel. GoodenoughWisconsin Supreme Court · 1865

3Cited by6 opinions

  1. Gilmore v. KitsonIndiana Supreme Court · 1905
  2. Acheson v. AchesonWisconsin Supreme Court · 1940
  3. Markwell v. PerelesWisconsin Supreme Court · 1897
  4. Jenkins v. JenkinsWisconsin Supreme Court · 1921
  5. Crone v. GoetschWisconsin Supreme Court · 1920

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