Nebraska Children's Home Society v. State
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Scott, J. The petition for the writ in the habeas corpus proceeding ivas insufficient. (Church, Habeas Corpus secs. 89, 90, 112; Ex parte Eye, 8 Kan. 99; State v. Ensign, 13 Neb. 250.) Even if the district judge was authorized to enter the order for the production of the children, he had no power to proceed in vacation to attach and punish the plaintiffs as for contempt of court.
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Error to the district court for Douglas county. Tried below before Scott, J. The petition for the writ in the habeas corpus proceeding ivas insufficient. (Church, Habeas Corpus secs. 89, 90, 112; Ex parte Eye, 8 Kan. 99; State v. Ensign, 13 Neb. 250.) Even if the district judge was authorized to enter the order for the production of the children, he had no power to proceed in vacation to attach and punish the plaintiffs as for contempt of court. (Ellis v. Karl, 7 Neb. 381: Bróteme v- Edwards, 44 Neb. 361; Fish v. Thorp, 51 Neb. 1; Hodgin v. Whitcomb, 51 Neb. 6Í9; Larca v. Casaneuava, 30 Cal.…
1Opinion of the Court
Irvine, C.
June 20,1898, there was presented to the Hon. Cunningham R. Scott, one of the judges of the fourth judicial district, an application for a writ of habeas corpus. The application was made in Douglas county, and apparently while the district court- of that county was in vacation. The application was by Benjamin F. Dodd and Annie E. Dodd, his wife, and was based on the unlawful restraint of four minor children of the. petitioners by the Nebraska Children’s Home Society, a corporation, and Elmer P. Quivey, its superintendent. Judge Scott allowed the writ, which accordingly issued. The…
2Cases cited9 opinions
- McGlennan v. MargowskiIndiana Supreme Court · 1883
- Cobb v. BlackSupreme Court of Georgia · 1865
- Gandy v. StateNebraska Supreme Court · 1882
- Johnson v. BoutonNebraska Supreme Court · 1892
- First Congregational Church v. City of MuscatineSupreme Court of Iowa · 1855
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3Cited by29 opinions
- Rice v. OlsonSupreme Court of the United States · 1945
- Commonwealth v. MayberrySupreme Court of Pennsylvania · 1974
- Coons v. StateIndiana Supreme Court · 1922
- Powhatan Coal & Coke Co. v. RitzWest Virginia Supreme Court · 1906
- State ex rel. Wright v. BarlowNebraska Supreme Court · 1937
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