Case Summary
Petitioner alleged that on 19 April 1894, Elmer P. Quivey of the Nebraska Children’s Home Society unlawfully entered her home and took her three children. The three children were Daniel Jones, 7 years old, John Loyal Jones, 3.5 years old, and Bessie Jean Jones, 1.5 years old. Petitioner claimed that she was the lawful mother of the children and was entitled to their custody. Petitioner, Maggie Jones, married a man named Daniel Jones on 7 June 1875. On 12 April 1894, Daniel Jones abandoned Maggie and the three children, leaving them in her care, custody, and control. Petitioner sent requests directly to Mr. Quivey but he has refused to surrender the children to her custody.
Judge Cunningham R. Scott reviewed the petition and allowed the writ, returnable on 25 July 1894. Sheriff John Drexel served the writ to Mr. Quivey on 19 July 1894, requesting that he appear in court on the aforementioned date, bringing with him the three children and his cause for custody. Mr. Quivey submitted his case, denying the allegations submitted by Petitioner and asserting that Ms. Jones was fully aware of what would happen upon relinquishing the children to the Nebraska Children’s Home Society. He produced a paper, signed by Ms. Jones, which relinquished the custody of the three children. He explains that the paper was fully explained to Ms. Jones by Mr. C. S. Benawa, a member of the Children’s Home Society. He explained that if she placed the children in the custody of the home, they would have the right to place them in homes and that she would have to relinquish all rights to the children. She agreed to these terms. The Court documents include scanned copies of the forms signed by Ms. Jones showing the terms of the agreement, explicitly stated, along with her assent to each of these terms.
In her response, Ms. Jones admits to signing this paper but asserts that she was not fully aware of the terms of the paper. She claims that she did not realize that the paper would preclude her from knowing where the children were or from having the right to visit them. She explains that, at the time she signed the paper, she was in a period of “extreme anguish” following the departure of Mr. Daniel Jones. She feared that the family would go hungry and was “under the influence of extreme distress,” so she signed the paper. Due to the nature of the situation, she claims that singing the paper was not truly a voluntary act. She was not made aware of the terms of the paper until some time later when she attempted to visit the children and learn of their whereabouts.
Ms. Jones and her attorneys ask that, if she is not allowed custody of her children, she at least be allowed visitation rights and the privilege of knowing their whereabouts.
Mr. Quivey motioned for the cause to be dismissed on the grounds that Ms. Jones was aware of the terms of the contract and assented to relinquishing custody of her children to the Children’s Home Society. Judge Scott dismissed the cause on 26 July 1894, upholding the motion submitted by Mr. Quivey but ordering that the costs of the trial be paid by respondent.
Case Information
Petition type(s)
Petition subtype(s)
Sites of significance
Outcome
Writ dismissed
Fate of bound party
Remained in custody
Case Citation
History Nebraska, RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 2: General Index Books & Court Journals, Vol. 29: May 7, 1894 - Oct. 22, 1894, pp. 384, 396, 398-9, 411; Douglas County District Court, Civil Appearance Docket Files, Project No. 45, Roll 605: Doc. 45-225 to 45-260, No. 45-259
Source material(s)
Case File |
Journal
Length of case file
Between 51 and 75 pages
Repository(s)
State
Tag(s)
