Ex parte Peddicord, 109.

CourtSupreme Court of Michigan
Writing for the CourtEDWARD M. SHARPE
Citation256 N.W. 833,269 Mich. 142
PartiesEx parte PEDDICORD.
Docket NumberNo. 109.,109.
Decision Date23 October 1934

269 Mich. 142
256 N.W. 833

Ex parte PEDDICORD.

No. 109.

Supreme Court of Michigan.

Oct. 23, 1934.


Appeal from Circuit Court, Delta County; John G. Stone, Judge.

Application by James Peddicord for a writ of habeas corpus on behalf of James Edward Peddicord, a minor, against Leone L. Peddicord. From an order dismissing the petition, petitioner appeals.

Affirmed.

Argued before the Entire Bench.

Doyle & Doyle, of Menominee (Cowell & Frankhauser, of Coldwater, and L. H. Dunten, of Ft. Wayne, Ind., of counsel), for petitioner.

N. C. Spencer, of Calumet, and H. J. Rushton, of Escanaba, for respondent.


EDWARD M. SHARPE, Justice.

Petitioner and respondent, Leone L. Peddicord, were married in Allen county, Ind., in June, 1927, and as a result of that marriage a son, James Edward Peddicord, was born in August, 1928, July 16, 1931, a divorce was granted respondent on her cross-bill. The decree provided among other matters that petitioner pay respondent for the support of the minor child the sum of $7.50 per week and

[256 N.W. 834]

also provided that the custody of the child be given to respondent, subject to the right of the father to visit said child at reasonable times and to have the custody of the child on alternate Saturday afternoons and until 8 p. m. the following day. The decree also provided that the mother have the right to remove the child from the state each year during the months of July and August for a period of not to exceed thirty days.

During the months of July and August, 1931, respondent took the child to Michigan and remained there longer than thirty days. She then returned to Indiana where she had some difficulty with petitioner over his failure to pay alimony and concerning the child's clothing. About December 10, 1931, respondent removed the child to the home of her mother, Anna Spencer, in Escanaba, Mich. The child has remained in this state continuously since that time.

In January, 1932, the superior court of Allen county, Ind., upon motion of petitioner, entered an order suspending the order for the support of the child. In April, 1932, petitioner presented a petition to the Indiana court asking for the sole custody of the child. A summons was issued and was served upon respondent in Escanaba, Mich., May 31, 1932. Through her attorney, respondent entered a special appearance, objecting to the jurisdiction of the court, and at the same time filed a motion to set aside the service of summons and notice of petition to modify the...

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10 cases
  • Helton v. Crawley, 47495
    • United States
    • United States State Supreme Court of Iowa
    • February 7, 1950
    ...of the court and a valid decree. Under procedure and facts quite identical in every material respect, the court in Ex parte Peddicord, 269 Mich. 142, 256 N.W. 833, 834, a habeas corpus proceeding by the father against the mother who had violated a custodial provision of an Indiana divorce d......
  • Helton v. Crawley, 47495.
    • United States
    • United States State Supreme Court of Iowa
    • February 7, 1950
    ...of the court and a valid decree. Under procedure and facts quite identical in every material respect, the court in Ex parte Peddicord, 269 Mich. 142, 256 N.W. 833, 834, a habeas corpus proceeding by the father against the mother who had violated a custodial provision of an Indiana divorce d......
  • Ex parte Mullins, 29845.
    • United States
    • United States State Supreme Court of Washington
    • November 21, 1946
    ...181 Ga. 545, 182 S.E. 845; Hawkins v. Hawkins, 350 Ill. 227, 183 N.W. 9; White v. White, 214 Ind. 405, 15 N.E.2d 86; Ex parte Peddicord, 269 Mich. 142, 256 N.W. 833; State ex rel. Larson v. Larson, 190 Minn. 489, 252 N.W. 329; Barrett v. Barrett, Mo.App., 79 S.W.2d 506; Turner v. Turner, 86......
  • Daugherty v. Nelson, 21558
    • United States
    • Court of Appeal of Missouri (US)
    • November 20, 1950
    ...Torrence, 94 Colo. 47, 27 P.2d 1038; Digiorgio v. 153 Fla. 24, 13, So.2d 596; Helton v. Crawley, Iowa, 41 N.W.2d 60; Ex parte Peddicord, 269 Mich. 142, 256 N.W. 833; Sheehy v. Sheehy, 88 N.H. 223, 186 A. 1, 107 A.L.R. 635; White v. White, 77 N.H. 26, 86 A. 353; Goldsmith v. Salkey, 131 Tex.......
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