In the matter of the application of Fred Evers by Christ Evers, his father and next friend, for a writ of Habeas Corpus

February 28, 1903 - March 9, 1903

Petitioned on February 28, 1903

Filed before the Douglas County District Court (Omaha, Nebraska)

Case ID: hc.case.ne.1005

Case Summary

Christ Evers of West Butte, Oregon filed a writ of habeas corpus to gain custody of his son, Fred Evers from Fred Zeek. Zeek said that he has a family and that for more than a year, Fred Evers has made his home with and resided with Zeek and his family. Fred Zeek's wife was Fred Evers's deceased mother's sister. Christ was deaf, and according to the Omaha Daily Bee, "has lost to a considerable extent the use of his language." Zeek alleged that Christ Evers is not a fit or suitable person to have the care and custody of Fred Evers, that he was without means, had no home, and was a man of dissolute habits. The application of Christ Evers was denied and the petition was dismissed. The judge stated that Fred should stay in the Zeek home as his aunt was the closest thing to a mother he had after Menine Evers's death, but that Fred Zeek should work the boy less and allow him to go to school more.

Case Information

Petition type(s)

Interpersonal

Petition subtype(s)

Child custody

Outcome

Writ denied

Fate of bound party

Remained in custody

Case Citation

Douglas County District Court, Criminal Appearance Docket Books, Vol. 7: ca.1902 - 1903, p. 275; Douglas County District Court, RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Roll 12: Doc. 7-201 to 7-301, Nov. 15, 1902 - May 25, 1903, No. 7-275 (microfilm)

Source material(s)

Docket | Case File

Length of case file

Between 11 and 20 pages

Repository(s)

State

Nebraska

Tag(s)

Children
Person with disabilities

People

Evers, Fred (bound party)
Evers, Christ (Christian Evers) (petitioner)
Zeek, Fred (Fred Zeke) (respondent)
Zeek, Fred (Fred Zeke) (holding party)
Zeek, Fred (Fred Zeke) (responding party)
Smith, Edward P. (respondent attorney)
Smyth, Constantine J. (respondent attorney)
Hover, C. L. (petitioner attorney)
Stubbs, G. (judge)
Additional parties

Broadwell, Frank A. (clerk)

Evers, Louisa [Fred Evers's sister]

Evers, Menine [Christ's ex-wife and Fred's mother]

Powers, John (sheriff)