Ex parte Barnes
| Decision Date | 19 October 1909 |
| Citation | 54 Or. 548,104 P. 296 |
| Parties | Ex parte BARNES. v. LONG. BARNES |
| Court | Oregon Supreme Court |
Appeal from Circuit Court, Union County; J.W. Knowles, Judge.
Habeas corpus proceeding by James R. Barnes against Cora Long for custody of Joseph Lester Barnes. From an adverse judgment petitioner appeals. Reversed and remanded.
C.E. Cochran, for appellant.
C.H Finn and F.S. Ivanhoe, for respondent.
This is a proceeding by habeas corpus to recover the custody of a child, a boy--Joseph Lester Barnes--being at this time two years and four months of age. Petitioner and Ada Barnes, the parents of the child, were married June 10, 1906, and resided in Adams county, Wash., where petitioner owns a large farm. They separated about December 26, 1906, the wife returning to the home of her parents, and thereafter residing with them. On June 10, 1907, the child was born, and on February 15 1908, in Adams county, Wash., this petitioner secured a decree of divorce from his wife Ada on the ground of desertion, the decree giving to the wife the care and custody of the child until such time as the court should order otherwise, and providing that the wife should not remove the child beyond the jurisdiction of that court. Thereafter it was stipulated that the decree of the court should be amended so as to eliminate the provision that the wife shall not remove the child from the jurisdiction of the court. The wife thereafter, with the child, removed to Union county, Or where on October 7, 1908, she died at the home of her mother, this defendant, and requested her mother to take care of the baby and keep him, which she promised to do, and now refuses to surrender it to petitioner. Soon after the rendering of the decree of divorce, petitioner remarried, and, with his wife, now resides on his farm in Adams county, Wash. The evidence establishes, and the trial court found, that petitioner is a man of good personal habits, has a good reputation for being honest, sober, and industrious, and owns a large farm worth $10,000, incumbered for a debt of $2,000.
In the decree of divorce, the custody of the child was given to the wife, and properly so, notwithstanding she was the party at fault, such fault not reflecting upon her character, and the child being of tender age. But the law recognizes the father the mother being dead, as the rightful custodian of his child, as against the claim of all persons. Of course, the...
To continue reading
Request your trial
-
Pugh v. Pugh, 10131.
...389, 43 A.2d 364; Stetson v. Stetson, 80 Me. 483, 15 A. 60; Brem v. Swander, 153 Iowa 669, 132 N.W. 82?; Ex parte Barnes, 54 Or. 548, 104 P. 296, 25 L.R.A., N.S., 172, 21 Ann.Cas. 465. Other courts attach more importance to the residence of the custodian in another state or the removal of t......
-
In re S.D.S.
...including mothers—the right to custody of their children unless they were unfit or unable to care for their child. See Barnes v. Long, 54 Or. 548, 550, 104 P 296 (1909) (noting that, in a divorce decree, "the custody of the child was given to the wife, and properly so"). In Ingalls v. Campb......
-
Bartlett v. Bartlett
...106 Or. 359, 210 P. 454; Larson v. Wellner, 97 Or. 513, 191 P. 671; Griffin v. Griffin, 95 Or. 78, 187 P. 598; Ex parte Barnes, 54 Or. 548, 104 P. 296, 25 L.R.A. (N.S.) 172; Dixon v. Dixon, 72 N.J. Eq. 588, 66 A. 597; Schultz v. Brown, Texas, 152 S.W. (2d) 801; People v. Glendening, 259 App......
-
Guardianship of Lyons, In re
...v. Bartlett, 175 Or. 215, 152 P.2d 402 (1944); Turner v. Hendryx, 86 Or. 590, 167 P. 1019, 169 P. 109 (1917); Ex parte Barnes, 54 Or. 548, 104 P. 296, 25 L.R.A.,N.S., 172 (1909).5 Some doubt is cast on the holding of the Arnold case by McColloch v. United States Bank, 207 Or. 508, 511, 297 ......