Case Summary

Ella Baker petitioned for a writ of habeas corpus to retrieve Grace Baker from the custody of Thelma Falbey, which was granted. Ella was Grace's grandmother and Thelma Falbey was Grace's mother. Ella had custody of the child after Thelma's divorce from Harry Baker, her son and Grace's father. On September 5, Thelma had taken the child, saying she was going to take her to the movies, but they never came back. While the hearing was pending, the sheriff deposited Grace with the matron of the Lincoln Detention Home. After hearing the evidence, Grace was remanded to the custody of Ella.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Sites of significance

• Detention Home (Lincoln, Nebraska)

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

RG207 Lancaster County Subgroup 9: Series 3 Appearance Docket L, p. 277; RG207 Lancaster County Subgroup 9: Series 4 Daily Journal #74: Feb. 1918-Jan 1919, pp. 476-477

Source material(s)

Docket | Journal

Repository(s)

• History Nebraska (Lincoln, Nebraska)

State

• Nebraska

Tag(s)

• Children

People

• Baker, Grace (bound party)
• Baker, Ella (petitioner)
• Fabley, Thelma Baker (respondent)
• Fabley, Thelma Baker (responding party)
• Fabley, Thelma Baker (holding party)
• Hornberger, Emily P. (holding party)
• Shepherd, Frederick (judge)
• Hager, George E. (petitioner attorney)

• Additional parties

  Baker, Harry [Thelma's ex-husband, Ella's son, and Grace's father]

  Simmons, Lorenzo A. (sheriff)

  Wymore, C. H. (deputy sheriff)