Case Summary

On January 2nd, 1917, John F. Kinney filed a writ of habeas corpus on behalf of his three children, John F. Kinney Jr., Cathrine Kinney, and Margaret Kinney, against his ex-wife, Mary E. Kinney. On January 15th, 1917, Judge Crawford ruled in favor of John Kinney and Mary Kinney was ordered to turn over custody of her three minor children to her ex-husband. The trial was apparently held up because of a previous restraining order issued by Mary against John that forbade him from seeing her. On that same day, Mary Kinney filed for a new trial, but was overruled by the court. She claimed that John acquired their Minnesota divorce fraudulently and he had in fact deserted her and the three children. On January 30th, 1917, Mary Kinney filed a writ of error, claiming that the court erred in finding that John was entitled to custody of the kids and erred in excluding evidence offered by Mary that proved John was unfit to have custody. The outcome of the writ of error is unknown.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Outcome

Writ allowed

Fate of bound party

Released from custody

State

• Nebraska

Tag(s)

• Children

People

• Kinney, John (John F. Kinney) (petitioner)
• Kinney, Mary (Mary E. Kinney) (respondent)
• Kinney, Mary (Mary E. Kinney) (holding party)
• Kinney, John (John F. Kinney Jr., Frank Kinney) (bound party)
• Kinney, Catherine (Katherine Kinney) (bound party)
• Kinney, Margaret (bound party)
• Macfarland, John M. (respondent attorney)
• Fitch, David (David A. Fitch) (petitioner attorney)
• Gurley, William F. (petitioner attorney)
• Crawford, Bryce (judge)

• Additional parties

  Kinney, Madeline (adult child of Mary and John)

  Will, G. A. (attorney)

  Fifield (attorney)

  Finney (attorney)

  Smith, Robert (clerk)

  Clark, Michael L. (Sheriff)

  Neilson, P. S. (clerk)

  Dickinson, Horace D. (Minnesota judge)

  Musgrave, J. R. (deputy sheriff)

  Palmer, Ed W. (notary public)

  Dewey, Frank (clerk)

  Petri, L. E. (deputy)

  Chizek, J. V. (notary public)

  Nash, John P. (Minnesota Attorney)

  Nash, William M. (Minnesota Attorney)

  Hale, William E. (Minnesota judge)

  Taylor, L. W. (deputy)

  Lindsay, J. F. (deputy)

  Mead, A. J. (deputy);