Rivers v. Mitchell
Supreme Court of Iowa
Certiorari to Polk Circuit Court. On the 10th day of July, 1880, there was filed in the court below a petition in habeas corpus. It appears from the allegations thereof that the plaintiff herein and Sophia B. Rivers are husband and wife; that they have two minor children of tender years, one being about nine years old and the other younger. That a separation of the husband and wife had taken place on account of the gross neglect of the husband to provide for his family.
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Certiorari to Polk Circuit Court. On the 10th day of July, 1880, there was filed in the court below a petition in habeas corpus. It appears from the allegations thereof that the plaintiff herein and Sophia B. Rivers are husband and wife; that they have two minor children of tender years, one being about nine years old and the other younger. That a separation of the husband and wife had taken place on account of the gross neglect of the husband to provide for his family. That the children were taken by the wife from Des Moines (the home of the parties), to her father’s residence at Oskaloosa,…
1Opinion of the CourtRothrock, J.
i. habeas COEBTJS : jurisdiction, I. It is claimed that the judge of the Circuit Court at Des Moines did not have jurisdiction to issue the writ, because the application was not made to the . x . court or judge most convenient m point of distance to the applicant, as provided in section 3452, of the Code. In Thompson v. Oglesby, 42 Iowa, 598, it was held that the person restrained is the applicant. As we understand it, the *195residence of John D. Rivers was at Des Moines, in Polk county. The petition charges that the children were to the best belief of the petitioner in Des Moines, or in Polk…
2Cases cited2 opinions
- Duncan v. CampauMichigan Supreme Court · 1867
- Thompson v. OglesbySupreme Court of Iowa · 1876
3Cited by20 opinions
- Ex Parte EndoSupreme Court of the United States · 1945
- Faris v. FarisIllinois Supreme Court · 1966
- Eisentrager v. ForrestalCourt of Appeals for the D.C. Circuit · 1949
- Huffman v. GriffinMississippi Supreme Court · 1976
- Crowell v. CrowellSupreme Court of Georgia · 1940
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