Legal Opinion

Miller v. Miller

Supreme Court of Iowa

Decided February 17, 1904PublishedCited by 21 opinions

!Appeal from Polk District Court. — TIon. C. P. Holmes, Judge. T-Tatvtcas corpus proceedings instituted in the name of Elizabeth Miller, a minor, by James Miller and 3L E. Miller, as her next friends and parents by adoption, to determine the right to the custody of said minor. The trial court awarded the custody to said James and K. E. Miller, and the defendants appeal.

1Opinion of the CourtBishop, J.

Many of the facts upon which a solution of this controversy must depend are not in dispute. Elizabeth Miller, named as plaintiff, is the daughter, by birth, of James and Mary Murphy, and she was born .in Scotland, December 30, 1899. A few days after her birth, her mother died. The father had four other children, and plaintiff was given into the custody of the defendants in this proceeding, Thomas Miller and Marion, his wife — the former a brother of Mary Murphy — who then resided in Scotland. A short time thereafter, Thomas Miller and his wife came to this country, bringing the child with…

2Cases cited3 opinions

  1. Bonnett ex rel. Newmeyer v. BonnettSupreme Court of Iowa · 1883
  2. Drumb v. KeenSupreme Court of Iowa · 1877
  3. Guardianship of Mary v. HenrySupreme Court of Iowa · 1892

3Cited by21 opinions

  1. Jamison v. Gilbert Et Ux.Supreme Court of Oklahoma · 1913
  2. Knochemus v. KingSupreme Court of Iowa · 1922
  3. Doan Thi Hoang Anh v. NelsonSupreme Court of Iowa · 1976
  4. Horner v. MaxwellSupreme Court of Iowa · 1915
  5. Joiner Ex Rel. Joiner v. KnieriemSupreme Court of Iowa · 1952

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