Case Summary

Charles and Sarah Holton filed for a writ of Habeas Corpus to have custody of their children removed from Nebraska Children's Home Society and returned to them. Nebraska Children's home stated that the Holtons were an immoral influence on their children and that the children's current placement is in their best interest. The petition was denied, and the children stayed in the custody of the Nebraska Children's Home. A motion for a new trial was filed and, subsequently, overruled, and the action was dismissed at cost of Holton's.

Case Information

Petition type(s)

• Institutional

Petition subtype(s)

• Child custody

Sites of significance

• Nebraska Children's Home Society (Unspecified, Nebraska)

Outcome

Writ denied

Fate of bound party

Remained in custody

Case Citation

Douglas County (NE) Criminal Appearance Docket Books, Vol. 12: ca.1907, p. 349; RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Roll 30: Doc. 12-215 to 12-365, Dec. 31, 1906 - Mar. 5, 1907, No. 12-349 (microfilm)

Source material(s)

Docket | Case File

Length of case file

Between 41 and 50 pages

Repository(s)

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

State

• Nebraska

Tag(s)

• Children

People

• Macfarland, John M. (petitioner attorney)
• Watson, John C. (petitioner attorney)
• Baldrige, Howard H. (respondent attorney)
• DeBord, William A. (respondent attorney)
• Quinette, Goldie (bound party)
• Holton, Huston (bound party)
• Holton, Charles (petitioner)
• Holton, Sarah (petitioner)

• Additional parties

  Carriker, M. A. (plaintiff witness)

  W. James (plaintiff witness)

  Quinnett, James (plaintiff witness)

  Thacker, J. W. (plaintiff witness)

  Thacker, H. (plaintiff witness)

  Ingram, George (plaintiff witness)

  Sloan, William T. (plaintiff witness)

  Sloan, W. J. (plaintiff witness)

  Tyson, Silas (plaintiff witness)

  Ricker, Christiana ((plaintiff witness)

  Leidigh, O. G. (former attorney for plaintiff)

  Moran, A. P. (former attorney for plaintiff)

  Finigan, E. H. (clerk)

  Donovan, John (sheriff)

  Wilson, W. W. (county judge)