Legal Opinion

Palin v. Voliva

Indiana Supreme Court

Decided April 22, 1902No. 19,742PublishedCited by 5 opinions

From Fountain Circuit Court; J. M. Rabb, Judge. Habeas corpus by Robert N. Voliva, guardian of Flora Moffitt, against Orange Palin and another, to obtain the custody of his ward. From a judgment for plaintiff, defendants appeal.

1Opinion of the CourtMonks, J.

This proceeding was commenced July 26, 1901, by appellee, as guardian of Flora Moffitt, a minor, against the appellants, to obtain, by writ of habeas corpus, possession and control of his ward, whose father and mother were deceased. The proceeding, which was commenced and determined in vacation, resulted in an order awarding the custody of the ward to appellee as such guardian.

It is claimed by appellants that the court erred in awarding the custody of said ward to appellee, because the same is not supported by the evidence, and is contrary to law. In this State, where there is no father or…

2Cases cited4 opinions

  1. Berkshire v. CaleyIndiana Supreme Court · 1901
  2. Schleuter v. CanatsyIndiana Supreme Court · 1897
  3. Bounell v. BerryhillIndiana Supreme Court · 1851
  4. Johns v. EmmertIndiana Supreme Court · 1878

3Cited by5 opinions

  1. Duckworth v. DuckworthIndiana Supreme Court · 1932
  2. Bullock v. RobertsonIndiana Supreme Court · 1902
  3. Shoaf v. LivengoodIndiana Supreme Court · 1909
  4. Cottrell v. BoothIndiana Supreme Court · 1906
  5. In Re PerryIndiana Court of Appeals · 1925

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