Case Summary

Charles H. Gaydou filed a writ of Habeas Corpus on behalf of his son, Charles Gaydou, to receive full custody of said child from Fannie Gaydou and John Marketan. Fannie Gaydou was the mother of Charles Gaydou and the former wife of Charles H. Gaydou. Charles and Fannie Gaydou had annulled their marriage at the time of this case, and Charles Gaydou alleged that Fannie Gaydou had committed adultery against him with John Marketan. Judge Joseph B. Clarkson found Fannie Gaydou to be an unfit person to have the care, custody, education, and maintenance of the said Charles Gaydou and Charles H. Gaydou as a fit guardian for the infant. Accordingly, the final order stated that Charles H. Gaydou was to be given full custody, and Fannie Gaydou was entitled to visit the infant once a week.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Outcome

Writ allowed

Fate of bound party

New custody arrangement reached|released from custody

Case Citation

History Nebraska, RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 2: General Index Books & Court Journals, Vol. 3: Nov. 11, 1890 - Jan. 14, 1891, pp. 236, 260-1, 307, 460, 544, 730-1; Douglas County District Court, Civil Appearance Docket Files, Project No. 45, Roll 361: Doc. 22-57 to 22-96, No. 22-96

Source material(s)

Journal | Case File

Length of case file

Between 51 and 75 pages

Repository(s)

• History Nebraska (Lincoln, Nebraska)
• Douglas County District Court (Omaha, Nebraska)

State

• Nebraska

Tag(s)

• Children

People

• Gaydou, Charles H. (Gabou) (petitioner)
• Gaydou, Charles (Gabou) (bound party)
• Gaydou, Fannie (Gabou) (holding party)
• Marketan, John (holding party)
• Marketan, John (responding party)
• Clarkson, Joseph B. (judge)
• Baldrige, Howard H. (petitioner attorney)
• Ledwith, John J. (Ledwich) (petitioner attorney)
• (petitioner attorney)
• Crane, O. D. (petitioner attorney)
• Bartlett, E. M. (petitioner attorney)

• Additional parties

  Tiffany, J. B. (judge)

  Duncan, Robert (witness)

  Orcutt, J. E. (witness)

  Chaddock, Luther (witness)

  Healey, Thomas A. (notary public)

  Morry, Frank E. (clerk)

  Parker, Simon (witness)

  Wortendyke, Henry (witness)

  Parnell (witness)

  Duncan (witness)

  Landis (witness)

  Meyer (witness)

  King, P. G. (police judge)

  Cusick, Anna (witness)

  Humpal, Joe (witness)