Legal Opinion

Allen v. Williams

Idaho Supreme Court

Decided February 28, 1918PublishedCited by 19 opinions

Original proceeding for writ of habeas corpus. Writ issued and return made. “Parents should not be permanently deprived of the custody of their children and the right to act as their legal guardians even though the custody of the child must for good reasons be temporarily surrendered, except in strict accordance with law and under circumstances where such deprivation is fully warranted.” {Ex parte Martin, 29 Ida. 716, 161 Pac. 573.) ‘ ‘ If the parent is not made a party to…

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Original proceeding for writ of habeas corpus. Writ issued and return made. “Parents should not be permanently deprived of the custody of their children and the right to act as their legal guardians even though the custody of the child must for good reasons be temporarily surrendered, except in strict accordance with law and under circumstances where such deprivation is fully warranted.” {Ex parte Martin, 29 Ida. 716, 161 Pac. 573.) ‘ ‘ If the parent is not made a party to the hearing and proceeding, under all recognized rules of legal procedure he is clearly not .bound by the judgment and…

1Opinion of the CourtRice, J.

This is an original proceeding in this court, instituted by Laura Allen to procure the issuance of a writ of habeas corpus directed to J. Fred Williams, superintendent' of the State Industrial Training School, by which it is sought to procure an adjudication of the right to the guardianship, custody and control of Viola Boyd, minor child of plaintiff.

*311The petition alleges that Viola Boyd is illegally detained from petitioner, by reason' of her commitment to the school by the probate judge of Bannock county, and that the commitment is invalid in that it is in violation of the right of…

2Cases cited15 opinions

  1. Mill v. BrownUtah Supreme Court · 1907
  2. In Re SmithCalifornia Supreme Court · 1904
  3. Cormack v. MarshallIllinois Supreme Court · 1904
  4. In re a Writ of Habeas Corpus for SharpIdaho Supreme Court · 1908
  5. Farnham v. PierceMassachusetts Supreme Judicial Court · 1886

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3Cited by19 opinions

  1. Dewitt v. BrooksTexas Supreme Court · 1944
  2. Cole v. ColeIdaho Supreme Court · 1948
  3. State v. AllmonIdaho Supreme Court · 1930
  4. Spaulding v. Children's Home Finding & Aid Society of North Idaho, Inc.Idaho Supreme Court · 1965
  5. Hiatt v. SoucekSupreme Court of Iowa · 1949

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