Johnson v. McClure, 5-1537
| Decision Date | 21 April 1958 |
| Docket Number | No. 5-1537,5-1537 |
| Parties | Ralph W. JOHNSON et al., Appellants, v. Florene McCLURE et al., Appellees. |
| Court | Arkansas Supreme Court |
Robinson, Sullivan & Rosteck, Little Rock, for appellants.
Van Johnson, Texarkana, for appellees.
The question presented is the jurisdiction of a judge of the Pulaski Chancery Court to issue and make returnable before himself a writ of habeas corpus where the real party defendants are residents of a county in another chancery district.
L. P. Johnson and wife resided in Pulaski County, Arkansas with their two minor children for some time prior to February, 1957, when Johnson was convicted of murdering his wife and sentenced to a term in the state penitentiary. On February 12, 1957, the Juvenile Court of Pulaski County issued an order placing the two children in the home of their maternal aunt, Florene McClure, in Texarkana, Miller County, Arkansas. This order was set aside by the court October 4, 1957, upon the petition of its probation officer with a finding that the children were well adjusted and receiving good care in the home of Florene McClure, the only person who came forward and requested their custody.
On October 11, 1957, L. P. Johnson together with his brother Ralph W. Johnson and the latter's wife filed a petition for a writ of habeas corpus in the Pulaski Chancery Court against Florene McClure, Percy Brown, Carl Adams, Director of the State Department of Public Welfare, and Mary Burt Nash, Referee of the Pulaski County Juvenile Court. The petition alleged that Florene McClure and Percy Brown were holding the two children in Miller County illegally and unable to support them; and that the writ should issue to establish custody of the children in Ralph Johnson and wife whose residence was not disclosed. The writ was made returnable to the Pulaski Chancery Court and served upon Carl Adams and Mary Burt Nash in Pulaski County and upon Florene McClure and Percy Brown in Miller County. There was no allegation in the petition concerning any interest the State Department of Public Welfare might have in the proceeding and it filed no pleadings therein. The Referee of the Pulaski County Juvenile Court filed a response stating that court had relinquished custody of the children under the order of October 4, 1957.
Appellees, Florene McClure and Percy Brown (grandfather of the children), filed their motion to quash the writ of habeas corpus on the ground that it was made returnable to the Pulaski Chancery Court contrary to the provisions of Ark.Stats. § 34-1710. The separate answer of Florene McClure denied the children were in...
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Henington v. State
...because the trial court could not have had the writ returned to it regardless of the merits of the petition. Johnson v. McClure , 228 Ark. 1081, 1081, 312 S.W.2d 347, 348 (1958) (holding a court cannot issue and make returnable to it a writ of habeas corpus if the petitioner is outside the ......
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Leach v. State, CR–17–28
...the writ, if issued, returned to it. Malone v. State , 2016 Ark. 379, at 6, 501 S.W.3d 807, 811 (per curiam); Johnson v. McClure , 228 Ark. 1081, 312 S.W.2d 347, 349 (1958) (holding a court cannot issue and make returnable to it a writ of habeas corpus if the petitioner is outside the court......
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Henington v. State, CR-16-798
...deny it because the trial court could not have had the writ returned to it regardless of the merits of the petition. Johnson v. McClure, 228 Ark. 1081, 1081, 312 S.W.2d 347, 348 (1958) (holding a court cannot issue and make returnable to it a writ of habeas corpus if the petitioner is outsi......
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Mackey v. Lockhart
...it did not have jurisdiction to determine whether the prisoner, who is in another county, should be released. Johnson v. McClure, 228 Ark. 1081, 312 S.W.2d 347 (1958). The Circuit Court of Garland County refused to issue the writ of habeas corpus. We A habeas corpus proceeding does not affo......