McPherson v. Day
| Decision Date | 22 November 1913 |
| Citation | 144 N.W. 4,162 Iowa 251 |
| Parties | MCPHERSON v. DAY, CHIEF OF POLICE, ET AL. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Polk County; W. H. McHenry, Judge.
This is a habeas corpus proceeding. It was brought by the plaintiff against officers including the members of the Board of Control to test the legality of her detention at the Industrial School for Girls at Mitchellville. The writ was sued out on March 21, 1912. After hearing upon the merits the writ was sustained and an order entered directing the release of the plaintiff. The defendants appeal. Reversed.George Cosson, Atty. Gen., and C. A. Robbins, Asst. Atty. Gen., for appellants.
Halloran & Starkey, of Des Moines, for appellee.
On March 4, 1910, upon the petition of her mother, the plaintiff, then Martha Ellen Casson, was duly committed as an incorrigible to the Industrial School at Mitchellville. On December 13, 1911, she escaped therefrom and was not apprehended until March 21, 1912, on which date she made known to the officers her presence at Des Moines. On March 14, 1912, she had attained her majority, to wit, 18 years of age. On the same day she was married to Guerney McPherson. The ground upon which the trial court directed her release does not appear from the record. We have no argument for the appellee. The argument for appellant indicates that the plaintiff was released because she had attained her majority both by her marriage and by her eighteenth birthday.
The statute under which she was committed is Code Supp. § 2709, and is as follows: “If any parent or guardian shall make complaint to a judge of a court of record that any boy or girl, over the age of seven years, and under the age of sixteen years, the child or ward of such parent or guardian, is habitually vagrant, disorderly or incorrigible, said judge shall issue a warrant to the sheriff or constable to cause said boy or girl to be brought before him at such time and place as he may appoint, when and where he shall examine the parties, and if in his judgment the boy or girl is a fit subject for the industrial school, he may issue an order, * * * committing said boy or girl to the custody of the superintendent of said school for reformation and instruction until he or she attains the age of twenty-one (21) years.” The order of commitment followed the provisions of this statute. It is manifest from the foregoing that the plaintiff was not illegally restrained and that her period of...
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Ex parte Packer
...Legislature of the right to confer jurisdiction upon the juvenile court in the manner and form described by the act." In McPherson v. Day, 162 Iowa 251, 144 N.W. 4, 5, petitioner had been committed to the Industrial School for Girls as an incorrigible. She escaped and while at large attaine......
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State v. Garman
...exclude the child from the benevolent operation of the law.' (Emphasis added) This position finds support in the case of McPherson v. Day, 162 Iowa 251, 144 N.W. 4. The cases from other jurisdictions quite generally agree. See authorities cited in the Reisman opinion. Particularly in point ......
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State ex rel. Johnson v. Wiecking
...of a female dependent, neglected, or delinquent child does not remove her from the jurisdiction of the juvenile court. McPherson v. Day, 162 Iowa, 251, 144 N.W. 4; State ex rel. Foot v. District Court, 77 Mont. 250 P. 973, 49 A.L.R. 398; Ex parte Packer, 136 Or. 159, 298 P. 234; Stoker v. G......
- McPherson v. Day