Andrino v. Yates
Idaho Supreme Court
ORIGINAL application for a writ of habeas corpus to de- termine the right to the care and custody of minor child. That the parent, if living and not shown to be incompetent, is absolutely entitled to the guardianship of the child is firmly settled by the decisions of the supreme court of California upon statutes practically identical with our own.
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ORIGINAL application for a writ of habeas corpus to de- termine the right to the care and custody of minor child. That the parent, if living and not shown to be incompetent, is absolutely entitled to the guardianship of the child is firmly settled by the decisions of the supreme court of California upon statutes practically identical with our own. It is the common law, as stated by all text-writers on the subject, and settled by the decisions of courts, with substantial unanimity, that the father or mother, if living and not affirmatively shown to be incompetent, are absolutely entitled to…
1Opinion of the CourtSullivan, J.
This is an application for a writ of habeas corpus by the mother to obtain possession of her now about twelve years of age daughter. The facts of the case are substantially as follows: It appears that the petitioner intermarried with one Thomas Stewart in the state of Oregon in the year 1893 or 1894; that after said marriage they lived near Jacksonville in said state; that on the twenty-fifth day of February, 1895, the child Phoebe M. Stewart, was born; that the married life of the petitioner and her said husband was not congenial, and when the child was about eight months old the petitioner…
2Cited by30 opinions
- Rea v. ReaOregon Supreme Court · 1952
- Jain v. PriestIdaho Supreme Court · 1917
- Application of AltmillerIdaho Supreme Court · 1955
- Blankenship v. BrookshierIdaho Supreme Court · 1966
- Krieger v. KriegerIdaho Supreme Court · 1938
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