Legal Opinion

In re Steele

Missouri Court of Appeals

Decided June 20, 1904PublishedCited by 7 opinions

Original Proceedings by Habeas Corpus. (1) “In a contest for the possession of the person of a minor child, the welfare of the child is always the controlling consideration with the courts.” In the matter of-Berenice S. Scarritt, 76 Mo. 565 ; In re Laura Boyle, 16 Mo. App. 159. In matter of Francis G. Delano, 37 Mo. App. 185; In re Blackburn, 41 Mo.

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Original Proceedings by Habeas Corpus. (1) “In a contest for the possession of the person of a minor child, the welfare of the child is always the controlling consideration with the courts.” In the matter of-Berenice S. Scarritt, 76 Mo. 565 ; In re Laura Boyle, 16 Mo. App. 159. In matter of Francis G. Delano, 37 Mo. App. 185; In re Blackburn, 41 Mo. App. 631. (1) Little importance is attached to the so-called right to a child. 11 The welfare of the child and not the technical legal right- is the criterion by which to determine who should have the custody of the child. ” Church on Habeas…

1Opinion of the CourtEllison, J.

The relator obtained a writ of habeas corpus returnable to the October term of this court. The proceeding has been continued from time to time and testimony taken by each party, and has now been argued and submitted by the respective counsel. The relator is the mother of Marjorie L. Steele, a female child nine years old; and the respondent, Myrtie Lake (wife of respondent Louis. Lake), is the child’s aunt, *569she being a sister of Stewart Steele, the child’s father. The relator and Stewart Steele were married, in Illinois in the year 1893 and Marjorie was bom of that marriage. Afterwards,…

2Cases cited4 opinions

  1. Chapsky v. WoodSupreme Court of Kansas · 1881
  2. Kremelberg v. KremelbergCourt of Appeals of Maryland · 1879
  3. In re BlackburnMissouri Court of Appeals · 1890
  4. Helden v. HeldenWisconsin Supreme Court · 1859

3Cited by7 opinions

  1. Krauthoff v. KrauthoffMissouri Court of Appeals · 1915
  2. Graves v. WoodenMissouri Court of Appeals · 1956
  3. Daugherty v. NelsonMissouri Court of Appeals · 1950
  4. Watkins v. WatkinsMissouri Court of Appeals · 1950
  5. Knepper v. KnepperMissouri Court of Appeals · 1909

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