Edwards v. Engledorf
| Decision Date | 09 May 1944 |
| Docket Number | No. 6520.,6520. |
| Citation | 180 S.W.2d 603 |
| Parties | EDWARDS v. ENGLEDORF et ux. |
| Court | Missouri Court of Appeals |
William J. B. Myres, of Monett, for petitioner.
Mr. and Mrs. A. A. Engledorf, pro se.
On May 26, 1937, Honorable Emory E. Smith, Judge of the Lawrence County, Missouri, Circuit Court, on her cross-bill, granted Helen Edwards a decree of divorce from the bonds of matrimony, which had previously existed between said Helen Edwards and petitioner Efton Edwards, and, in that divorce action, awarded to Helen Edwards the care and custody of Willie Clifford Edwards, a minor son of said marital union, and granted to petitioner, the plaintiff in that divorce case, the care and custody of another and older son, James Lee Edwards.
Helen Edwards thereafter lived with her parents, Mr. and Mrs. A. A. Engledorf, and there kept said Willie Clifford Edwards in her care and custody. On May 10, 1943, said Helen Edwards died, leaving Willie Clifford Edwards in the physical care and custody of his grandparents, Mr. and Mrs. A. A. Engledorf, the respondents herein.
Upon the death of his former wife, Helen Edwards, petitioner, Efton Edwards, demanded of respondents that they give him the care and custody of said Willie Clifford Edwards, he being the father of said Willie Clifford Edwards. After being refused such care and custody, said Efton Edwards, in the name of Willie Clifford Edwards, brought a habeas corpus proceeding against the same respondents before said Judge Smith, for the care and custody of said minor son. Upon being denied such care and custody in said proceeding before said judge, an appeal to this Court was granted. We held that no appeal would lie in a habeas corpus case, and dismissed the appeal. 176 S.W.2d 32.
Thereupon petitioner asked for, and was granted, a writ of habeas corpus in the present case by this Court. But we have concluded that habeas corpus is not the remedy open to petitioner. The Lawrence County Circuit Court granted a divorce and made an order in that case, fixing the care and custody of the children born of such marital union. In such case it was the clear duty of petitioner to apply to the Circuit Court of Lawrence County, Missouri, for modification of the previous order and, if not satisfied, to appeal from the decision and judgment of that court. Neither this Court nor any other court can interfere by habeas corpus with the previously acquired jurisdiction of the trial court. In this we are fortified by what was said by the St. Louis Court of Appeals in Bell v. Catholic Charities of St. Louis, Mo. App., 170 S.W.2d 697, and quote from page 700 of that case, as follows:
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State ex rel. Burtrum v. Smith
... ... Krauthoff, 191 ... Mo.App. 144, 165(1), 177 S.W. 1112, 1118(1); Bell v. Catholic ... Charities (Mo. App.), 170 S.W.2d 697, 700(6, 7); Edwards v ... Engledorf (Mo. App.), 180 S.W.2d 603 ... [ 5 ] 50 C.J., sec. 3, p. 654, sec. 20, pp ... 663-7, secs. 21, 22, p. 667; 42 Am. Jur. sec ... ...
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State v. White, 6605.
..."That the privilege of the writ of habeas corpus shall never be suspended." Relators lay much stress on our late decision in Edwards v. Engledorf, 180 S.W. 2d 603. In their brief, relators also cite, In re Morgan, 117 Mo. 249, 21 S.W. 1122; Ex parte Sangster, 295 Mo. 49, 244 S.W. 920; Mered......
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Edwards v. Engledorf
...custody of the child to Mrs. A. A. Engledorf, Efton Edwards appeals. Judgment reversed and cause remanded with directions. See, also, 180 S.W.2d 603. H. A. Gardner, of Monett, for Emery C. Medlin, of Monett, for respondent. FULBRIGHT, Presiding Judge. This is an action based upon a motion b......
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Schumacher v. Schumacher
... ... proceeded to exercise it. Furthermore there was one case in ... the books which directly supported such proceeding. Edwards ... v. Engledorf, Mo.App., 180 S.W.2d 603 ... ... Generally speaking, a party or person is aggrieved by a ... judgment, ... ...