Case Summary
On May 2, 1922, Effie Norland filed for habeas against Margaret Moriarty over the custody of "Baby Norland," known as "Jack Moriarty." In the petitions Norland explained that the child had been the product of her wedlock to Louis Norland, and that the couple Charles T. Moriarty and Katherine Moriarty tried to adopt the child from a Salvation Army home in September of 1914. Norland argued that because her husband, alive during the proceedings, was not present and did not consent to the adoption, that such adoption was void. With the adoptive parents now deceased, Norland further argues that Margaret Moriarty, sister to the now-deceased couple, does not hold any legal grounds of custody over the child. A writ was issued, and a demurrer sustained on May 6, 1922. In 1922, another couple, the Van Nesses, attempted to adopt Jack, as they had cared for the child after Charles and Katherine's death, although Jack wanted to stay with the Van Nesses. They were denied, since Maggie contested the adoption. This may have been a religious clash: the Van Nesses were Catholic, while Maggie was Protestant. However, the case was dismissed for want of prosecution on January 21, 1924. By the 1930 census, Jack Moriarty was in the house of Margaret Moriarty's sister, Genevieve Creigh.
Case Information
Petition type(s)
Petition subtype(s)
Outcome
Writ dismissed for want of prosecution
Fate of bound party
Unknown
Case Citation
Douglas County (NE) Criminal Appearance Docket Books, Vol. 25: ca. 1922 - 1923, p. 55; RG230 Douglas County Records, Subgroup 10: District Court, 1855-1972, Series 7: Criminal Case Files, 1897-1920, Roll 106: 25-14 to 25-127, May 3, 1922 - Jun. 3, 1922, No. 25-55 (microfilm)
Length of case file
Between 11 and 20 pages
Repository(s)
State
Tag(s)