People ex rel. Koelsch v. Rone, No. 33179
| Court | Supreme Court of Illinois |
| Writing for the Court | KLINGBIEL |
| Citation | 3 Ill.2d 483,121 N.E.2d 738 |
| Docket Number | No. 33179 |
| Decision Date | 23 September 1954 |
| Parties | The PEOPLE ex rel. Leo J. KOELSCH, Appellant, v. Doris RONE et al., Appellees. |
Page 738
v.
Doris RONE et al., Appellees.
[3 Ill.2d 484]
Page 739
Ira J. Covey, Sr., Stephen J. Covey, and William H. Young, Peoria, for appellant.No appearance, for appellees.
KLINGBIEL, Justice.
Leo J. Koelsch, in the name of the People, filed a petition in the circuit court of Peoria County for a writ of habeas corpus, to secure custody of his minor child from his former wife. After a hearing the court remanded the child to the custody of its mother. Relator seeks direct review by this court, a constitutional question under the full-faith-and-credit clause of the Federal constitution being involved.
On April 23, 1952, relator and his wife Doris, hereinafter called respondent, were divorced in the State of Massachusetts, and custody of their minor child was awarded to the mother. She thereafter remarried and moved to Illinois, taking the child from Massachusetts without obtaining the consent of relator or the court. On September 10, 1953, relator filed a petition in the
Page 740
Massachusetts court, seeking to obtain custody of the child. Notice by registered mail was sent to respondent fourteen days prior to the return day, and was tendered to her by the mailcarrier at her residence in Peoria. She refused to accept delivery of the notice. On October 1, 1953, the Massachusetts court amended the divorce decree by granting custody of the child to relator.At the hearing on the present petition, held on October 30, 1953, no evidence was adduced showing a change in [3 Ill.2d 485] circumstances since the preceding October 1, when the Massachusetts decree was amended. The record indicates that the circuit court's decision is based upon findings that whatever change of circumstances occurred since the time of the original decree was insufficient to warrant changing custody from the mother, and that respondent did not receive sufficient notice of the hearing on the petition to change custody. No brief has been filed in this court on behalf of respondent.
We think the order of the Massachusetts court, modifying the divorce decree and awarding custody to relator, must be recognized and given full faith and credit by the courts of this State if the Massachusetts court then had jurisdiction over the parties and subject-matter. People of State of New York ex rel. Halvey v. Halvey, 330 U.S. 610, 67 S.Ct. 903, 91 L.Ed....
To continue reading
Request your trial
-
People ex rel. Bukovich v. Bukovich, No. 40421
...1221, 1228. (Frankfurter, J., concurring.) The facts presently before us differ markedly from those in People ex rel. Koelsch v. Rone, 3 Ill.2d 483, 121 N.E.2d 738, where a Habeas corpus action was brought to secure the custody of a child within one month after a Massachusetts trial court h......
-
Odom v. Odom, No. 58895
...(1976); Lynn v. Lynn, La.App., 316 So.2d 445 (1975); Pattison v. Pattison, La.App., 208 So.2d 395 (1968); People v. Rone, 3 III.2d 483, 121 N.E.2d 738 (1954); Seaton v. Seaton, 221 Ark. 778, 255 S.W.2d 954, 256 S.W.2d 555 (1953); Call v. Call, 250 Iowa 1175, 98 N.W.2d 335 (1959); Anno.--Cus......
-
Anastaplo, In re, No. 33149
...33, 88 N.E.2d 728; Joyce v. Board of Education, 325 Ill.App. 543, 60 N.E.2d 431; Faxon v. School Committee of Boston, Mass., 120 N.E.2d[3 Ill.2d 483] 772; Daniman v. Board of Education, 306 N.Y. 532, 119 N.E.2d 373, and we think it has equal application here. In seeking the Page 833 privile......
-
Donlon v. Miller, No. 75--407
...the children take up residence outside the State, and even where both parents have left the State. People ex rel. Koelsch v. Rone (1954), 3 Ill.2d 483, 485, 121 N.E.2d 738; Crawley v. Bauchens (5th Dist. 1973), 13 Ill.App.3d 791, 795, 300 N.E.2d 603, Aff'd. 57 Ill.2d 360, 312 N.E.2d 236 (19......
-
People ex rel. Bukovich v. Bukovich, No. 40421
...1221, 1228. (Frankfurter, J., concurring.) The facts presently before us differ markedly from those in People ex rel. Koelsch v. Rone, 3 Ill.2d 483, 121 N.E.2d 738, where a Habeas corpus action was brought to secure the custody of a child within one month after a Massachusetts trial court h......
-
Odom v. Odom, No. 58895
...(1976); Lynn v. Lynn, La.App., 316 So.2d 445 (1975); Pattison v. Pattison, La.App., 208 So.2d 395 (1968); People v. Rone, 3 III.2d 483, 121 N.E.2d 738 (1954); Seaton v. Seaton, 221 Ark. 778, 255 S.W.2d 954, 256 S.W.2d 555 (1953); Call v. Call, 250 Iowa 1175, 98 N.W.2d 335 (1959); Anno.--Cus......
-
Anastaplo, In re, No. 33149
...33, 88 N.E.2d 728; Joyce v. Board of Education, 325 Ill.App. 543, 60 N.E.2d 431; Faxon v. School Committee of Boston, Mass., 120 N.E.2d[3 Ill.2d 483] 772; Daniman v. Board of Education, 306 N.Y. 532, 119 N.E.2d 373, and we think it has equal application here. In seeking the Page 833 privile......
-
Donlon v. Miller, No. 75--407
...the children take up residence outside the State, and even where both parents have left the State. People ex rel. Koelsch v. Rone (1954), 3 Ill.2d 483, 485, 121 N.E.2d 738; Crawley v. Bauchens (5th Dist. 1973), 13 Ill.App.3d 791, 795, 300 N.E.2d 603, Aff'd. 57 Ill.2d 360, 312 N.E.2d 236 (19......