Foulke v. People ex rel. Foulke
Colorado Court of Appeals
Error to the District Court of Arapahoe County. A controversy to determine the right to the custody of Harry M. Foulke, an infant under four years old, son of the plaintiff. The mother of the child died when the child was ten months old. The relator Elizabeth Foulke was the sister of the mother, and wife of the brother of the plaintiff.
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Error to the District Court of Arapahoe County. A controversy to determine the right to the custody of Harry M. Foulke, an infant under four years old, son of the plaintiff. The mother of the child died when the child was ten months old. The relator Elizabeth Foulke was the sister of the mother, and wife of the brother of the plaintiff. Shortly before her death the mother wished, at her death, the child to be in the custody of her sister, the relator, who had had more or less the care of it from its birth. The father gave his consent, and upon the death of the mother relator took the child…
1Opinion of the CourtReed, J.
The first question to be determined must, necessarily, be the extent of the jurisdiction of a court on habeas corpus proceedings ; and whether they can embrace an accounting and warrant a court in decreeing money judgments and make the custody of the child dependent upon compliance with the decretal orders for the payment of money.
In this ease there were no orders or decree finding and adjudging the custody of the child to either party, except coupled inextricably with decrees for money payments, and the legal right to the custody of the child appears to have been found both ways, and the…
2Cases cited12 opinions
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- In re ScarrittSupreme Court of Missouri · 1882
- McGlennan v. MargowskiIndiana Supreme Court · 1883
- Brooke v. LoganIndiana Supreme Court · 1887
- Drumb v. KeenSupreme Court of Iowa · 1877
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3Cited by1 opinion
- Pugh v. PughWest Virginia Supreme Court · 1949