Burger v. Frakes
Supreme Court of Iowa
Appeal from an order made by Hon. H. C. Traverse, Judge of the Circuit Court of the Second Judicial District. This is a proceeding by habeas corpus to determine the claims of the parties to the custody of the minor plaintiff. Upon the hearing, the circuit judge held that defendant was in law entitled to the custody of the minor, and so ordered. The order was made of record in the circuit court of Davis county. Plaintiff, the guardian and next friend of the minor, appeals.
1Opinion of the Court
Beok, Ch. J.
I. Aaron Burger, whom we shall designate as plaintiff, is the paternal grandfather of the minor, a *461a child four or five years old, whose custody is in controversy in this suit, and defendant is his maternal grandfather. The plaintiff was appointed guardian of the minor by the proper court. He claims in this action custody of the minor as the guardian of his person and property. Defendant claims the custody of the child under an act of adoption, made subsequent to the appointment of plaintiff as guardian, and without his consent, and upon the further ground that the mother who…
2Cited by21 opinions
- Chehak v. BattlesSupreme Court of Iowa · 1907
- Smith v. SmithIdaho Supreme Court · 1947
- Beatty v. DavenportWashington Supreme Court · 1907
- In Re Plucar's GuardianshipSupreme Court of Iowa · 1955
- Lawrence v. ThomasSupreme Court of Iowa · 1892
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