Case Summary

On October 27th, Myrtle and John Benson filed a petition for a writ of habeas corpus on behalf of their 17 year old daughter, Georgia Benson. In the petition they claimed that Georgia was being unlawfully detained by Clara Pallesen. Myrtle asserted that Georgia had always resided with the family, and that their home had always been comfortable, decent, and respectable, and that the same would be true when Georgia returned home. Georgia had been with Clara since April 1921. Myrtle requested that Clara be presented in court and that custody and control of Georgia be returned to herself and her husband. The judge granted the petition, and the writ was served and Georgia was collected for court. Clara responded to the writ on October 29th, asserting that Georgia was not detained unlawfully or against her will, rather that Georgia had asked to stay with her and was residing with her of her own free will. On the 29th the judge allowed the writ, in so far as any rights that may be claimed by virtue of the alleged guardianship. No documents regarding guardianship are within the case file. The fate of Georgia Benson is unknown.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Sites of significance

• Salvation Army Home (Omaha, Nebraska)

Outcome

Writ allowed

Fate of bound party

Unknown

Case Citation

Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series: Criminal Appearance Docket Books, Vol. 24: ca. 1921 - 1922, p. 276; Douglas County District Court, Omaha, NE, RG230: Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Reel 101: 24-217 to 24-339, Oct. 5, 1921 - Nov. 18, 1921, No. 24-276

Source material(s)

Docket | Case File

Length of case file

Between 11 and 20 pages

Repository(s)

• Douglas County District Court (Omaha, Nebraska)

State

• Nebraska

People

• Troupe, A. C. (Troup) (judge)
• Thomsen, (petitioner attorney)
• Mossman, H. L. (petitioner attorney)
• Standeven, (petitioner attorney)
• Dill, (petitioner attorney)
• Benson, Myrtle (petitioner)
• Benson, John (petitioner)
• Benson, Georgia (bound party)
• Pallesan, Clara (respondent)
• Pallesan, Clara (responding party)
• Pallesan, Clara (holding party)

• Additional parties

  Steere, Asel Jr. (deputy clerk)

  Smith, Robert (clerk)

  Clark, Michael L. (sheriff)

  Lindsay, Jas. G. (deputy sheriff)