Case Summary

John Whitney petitioned for a writ of habeas corpus to retrieve his daughter, Mary Whitney, from the custody of his late wife's parents, Nathan and Irena Tharpe, which was granted. This may have been because he remarried in 1906. After hearing the evidence, the writ was allowed and Mary remanded to the custody of her father. The court, however, required that John allow Mary to spend at least ten days with her grandparents at least twice a year in order to keep custody.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Outcome

Writ allowed

Fate of bound party

Released from custody|new custody arrangement reached

Case Citation

RG207 Lancaster County Subgroup 9: Series 4 Daily Journal #50: March 1907-Jan. 1908, pp. 552-553; RG207 Lancaster County Subgroup 9: Series 4 Daily Journal #51, pp. 285, 554; RG207 Lancaster County Subgroup 9: Series 3 Appearance Docket G, p. 220

Source material(s)

Docket | Journal

Repository(s)

• History Nebraska (Lincoln, Nebraska)

State

• Nebraska

Tag(s)

• Children

People

• Whitney, Mary Irene (bound party)
• Whitney, John P. (John B. Whitney) (petitioner)
• Tharpe, Nathan D. (respondent)
• Tharpe, Nathan D. (responding party)
• Tharpe, Nathan D. (holding party)
• Tharpe, Irena (respondent)
• Tharpe, Irena (responding party)
• Tharpe, Irena (holding party)
• Rose, Halleck F. (petitioner attorney)
• Galloway, Jesse M. (petitioner attorney)
• Simpson, George W. (petitioner attorney)
• Hall, Frank M. (respondent attorney)
• Woods, Frank H. (respondent attorney)
• Pound, Roscoe (respondent attorney)
• Holmes, Edward P. (judge)

• Additional parties

  Hedge, Verne (witness)

  Bulter, E. M. (witness)

  Whitney, Mrs. M. C. (witness)

  Loenberger, G. D. (witness)

  Heald, F. D. (witness)

  Heald, Mrs. F. D. (witness)

  Dunham, Mrs. E. B. (witness)

  Hilton, Mrs. H. C. (witness)

  Reckmeyer, Clarence (witness)

  Sanford, C. W. (witness)

  Hilton, H. C. (witness)

  Good, E. E. (witness)

  Crawford, J. H. (witness)

  Bush, J. C. F. (witness)

  Hamilton, J. C. (witness)

  Ficenee, C. J. (witness)

  Frahm, John D. (witness)

  Clark, Mrs. C. W. (witness)

  McKerney, Mrs. Percy (witness)

  Tharp, D. M. (witness)

  Stoffte, Laura (witness)

  Ford, Mrs. S. D. D. (witness)

  Dennis, Julia E. (witness)

  Beck, Mrs. M. E. (witness)

  Whitney, Mrs. J. B. (witness)

  Whitney, B. J. (witness)

  Whitney, J. B. (witness)

  Ress, Nicholas (sheriff)

  Whitney, Mary C. [John Whitney's second wife and Mary Irene's stepmother]

  Tharpe, Elcie C. [John Whitney's late wife and Mary Irene's mother]