Markwell v. Pereles
Wisconsin Supreme Court
EeeoR to review a judgment of the circuit court for Milwaukee county: D. H. JohksoN, Circuit Judge. This was a writ of error to review the order and determination of the circuit court for Milwaukee county in a proceeding by habeas corjpus, brought by the plaintiff in error in behalf of his infant daughter, Fannie P. Markwell, of the age of about two years, and to procure her to be delivered to him by the defendants in error, the aunt and uncle of said infant, in whose…
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EeeoR to review a judgment of the circuit court for Milwaukee county: D. H. JohksoN, Circuit Judge. This was a writ of error to review the order and determination of the circuit court for Milwaukee county in a proceeding by habeas corjpus, brought by the plaintiff in error in behalf of his infant daughter, Fannie P. Markwell, of the age of about two years, and to procure her to be delivered to him by the defendants in error, the aunt and uncle of said infant, in whose custody she then was. Proper return was made to the writ by the respondents, upon which, issue was taken by the petitioner.…
1Opinion of the Court
The following opinion was filed January 12, 1897:
PiNNEY, J.
1. By the common law, the father is considered as the natural guardian of his minor children, and entitled to their custody; and by the earlier cases his right to such custody could not be controlled by courts of law upon habeas corpus, but the court of chancery in England would interfere to control his paternal rights, and deprive him of the custody of his children, and to award it to some suitable person as guardian, where it was shown that he had forfeited his right by reason of gross ill-treatment, cruelty, or abandonment, or when…
2Cases cited10 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Weir v. MarleySupreme Court of Missouri · 1889
- People ex rel. Barry v. MerceinNew York Court of Chancery · 1839
- Brooke v. LoganIndiana Supreme Court · 1887
- Ex parte ClarkCalifornia Supreme Court · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Lacher v. VenusWisconsin Supreme Court · 1922
- Sheboygan County Department of Health & Human Services v. Julie A.B.Wisconsin Supreme Court · 2002
- Gilmore v. KitsonIndiana Supreme Court · 1905
- Jones v. BowmanWyoming Supreme Court · 1904
- Acheson v. AchesonWisconsin Supreme Court · 1940
13 more not listed; retrieve them via the Exa API.