Legal Opinion

State v. Kirkpatrick

Supreme Court of Iowa

Decided September 24, 1880PublishedCited by 11 opinions

Appeal from Judge of Lee Circuit Court. This is a proceeding of habeas corpus to determine the rightful custody and control of Lena L. Kirkpatrick, an infant. The proceeding was instituted before the Hon. John B. Drayer, judge of the Lee Circuit Court, who ordered that the custody of the child be given to the petitioner, Christina H. Kirkpatrick. From this order the defendant appeals.

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Appeal from Judge of Lee Circuit Court. This is a proceeding of habeas corpus to determine the rightful custody and control of Lena L. Kirkpatrick, an infant. The proceeding was instituted before the Hon. John B. Drayer, judge of the Lee Circuit Court, who ordered that the custody of the child be given to the petitioner, Christina H. Kirkpatrick. From this order the defendant appeals. Hpon request of the defendant the court fixed the amount of the supersedeas bond at $1,300. Thereupon the relator filed a motion asking that the child be given to her in accordance with the order made in the…

1Opinion of the CourtDay, J.

i. fakent anci dy oi infant, I. The relator and the defendant were married on the 12th day of February, 1878. This child, Lena L. Kirkpatrick, was born December 12th, 1878, and was, at the time of the institution of this proceeding, fifteen months old and unweaned. The parties resided in Hancock county, Illinois. When they had lived together about a year, the relator became dissatisfied with the defendant on account of an alleged deception as to his financial condition. The defendant, noticing the despondency of his wife, told her if she was not happy with him, and would be happier away from…

2Cases cited2 opinions

  1. Ex rel. Shaw v. NachtweySupreme Court of Iowa · 1876
  2. Thompson v. OglesbySupreme Court of Iowa · 1876

3Cited by11 opinions

  1. State v. TowerySupreme Court of Alabama · 1904
  2. Winnovich v. EmeryUtah Supreme Court · 1908
  3. Carruth v. TaylorNorth Dakota Supreme Court · 1898
  4. Scheffers v. ScheffersSupreme Court of Iowa · 1950
  5. Allen v. WildSupreme Court of Iowa · 1957

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