Case Summary

Hugh G. Durham petitioned for a writ of habeas corpus on behalf of his daughter, Sylvia May Durham, claiming that Frank and Corey Drury illegally deprived Sylvia of her freedom. When Silvia was a baby, her mother died, and Hugh delivered her into the custody of Cory Drewery, Hugh's sister. He filed the writ of habeas corpus because he had remarried and wished to start a family. The holding party produced the body of Sylvia, but there is no record of testimony. Months later, the petitioner moved to dismiss the case, which the unnamed judge granted. This was apparently so that he could start a new action against Sylvia's foster parents. The fate of the bound party is unknown.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Outcome

Petition withdrawn

Fate of bound party

Unknown

Case Citation

RG207 Lancaster County Subgroup 9: Series 4 Daily Journal L: May 25, 1885-March 5, 1886, p. 505; RG207 Lancaster County Subgroup 9: Series 4 Daily Journal M: March 5, 1886-October 25, 1886, p. 228; RG207 Lancaster County Subgroup 9: Series 3 Appearance Docket O, p. 35

Source material(s)

Journal | Docket

Repository(s)

• History Nebraska (Lincoln, Nebraska)

State

• Nebraska

Tag(s)

• Children

People

• Durham, Sylvia May (Silvey May Durham) (bound party)
• Durham, Hew G. (Hugh G. Durham) (petitioner)
• Drury, Corey (Cory Drewry) (respondent)
• Drury, Corey (Cory Drewry) (responding party)
• Drury, Corey (Cory Drewry) (holding party)
• Drury, Frank H. (respondent)
• Drury, Frank H. (responding party)
• Drury, Frank H. (holding party)
• Philpot, James E. (petitioner attorney)
• Whedon, Charles O. (respondent attorney)

• Additional parties

  Melick, Samuel M. (sheriff)