Case Summary

Blanche A. Bradley was the 11 year old daughter of petitioner, Jacob S. Bradley. Jacob claims that Blanche is being unlawfully deprived of her liberty by Arah Dickey. Arah and Jacob were previously married, they were divorced while living in Louisville, KY and Arah now lived in Omaha, NE. She claimed to be married to a man with the last name Dickey, but the petitioner states that the pair is not actually married. The pair operated a saloon with furnished rooms available for rent. Arah and Blanche resided in one of the rooms. The place is “of bad reputation” and is “an improper and dangerous place for any child.” Jacob is asking for Arah to summoned to show cause for her detention of Blanche and hopes that Blanche may be discharged from the unlawful detention. Jacob S. Bradley and his attorney, Charles V. Miles, presented the petition on 8 July 1899 to Judge Jacob Fawcett. Judge Fawcett ordered that the writ be allowed. Sheriff John W. McDonald recognized the receipt of the writ and stated that he would appear in court, bringing along Arah Dickey and Blanche Bradley. John D. Ware, Arah’s attorney, filed their motions on 10 July 1899. They asked that the Court set aside the order for the following reasons; (1) the petition was insufficient in law to justify the court in making the order, (2) the petition was insufficient in manner and form to confer jurisdiction upon the court to make the order, (3) the petition does not state facts sufficient to constitute a cause of action, and (4) the petition does not state facts in regard to the alleged unlawful imprisonment, but states conclusions of law. They also asserted that Arah was cganted custody in their divorce proceedings. Jacob and his attorney, Charles, submitted a response on 10 July 1899 stating that they concede that custody was awarded to Arah but that simple fact does not serve as a defense to the petition which is specific to Arah and Blanche’s current living situation. On 10 July 1899, the parties appeared in court where Judge Baker concluded that it would be in the best interests of the child that she be withdrawn from Arah’s custody. Arah apparently wept when it was announced that her daughter would be taken away from her. Costs of the proceedings were taxed to the county.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 4: Criminal Appearance Docket Books, 1855-1900, Vol. 4: Pages 1-401, Nov. 25, 1898 - Aug. 2, 1899, p. 212 (microfilm); RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Box 10: Doc. 4-138 to 4-271, 1899, No. 4-212

Source material(s)

Case File | Docket

Length of case file

Between 21 and 30 pages

Repository(s)

• History Nebraska (Lincoln, Nebraska)

State

• Nebraska

Tag(s)

• Children

People

• Baker, B. S. (judge)
• Fawcett, Jacob (judge)
• Bradley, Blanche A. (bound party)
• Bradley (Dickey), Arah (respondent)
• Bradley (Dickey), Arah (holding party)
• Bradley, Jacob S. (petitioner)
• Ware, John D. (respondent attorney)
• Miles, Charles V. (petitioner attorney)

• Additional parties

  Frank, Albyn L. (Clerk)