Case Summary

Caroline and John Dyer were adopted by Lewis and Ada Dyer from the Nebraska Children’s Home Society. Caroline and John were eventually ordered to be removed from Lewis and Ada Dryer and returned to the Home Society in Omaha. The Home Society claimed that this change was because the Dyers were not capable of offering the good home that they claimed they would during the adoption process. The Home Society alleged that the Dyers did not own the farm that they claimed to during the adoption process, and that Lewis Dyer was a “man of immoral character” who drank excessively, brewed alcohol in his home, and committed adultery. In response to learning this the Home Society demanded the Dyers return the children to them in Omaha, and after regaining possession of the children the Home Society put them in the care of the respondent, W. F. Lanning. The Dyers filed for a writ of habeas to regain custody of the children, denying most of the Home Society’s claims, and that because of a mutual feeling of attachment between the children and themselves as adoptive parents that the children should be returned to their custody. Judge Kelligar grants the writ and agrees to hear the petition, and the Home Society, on behalf of Lanning object, claiming the court has no jurisdiction in this case. This objection was eventually overruled, and the case heard, though it was eventually dismissed on November 16, 1908.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Sites of significance

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

Outcome

Writ denied

Fate of bound party

Remained in custody

Case Citation

Gage County District Court, Appearance Dockets, Vol. 26, p. 276

Source material(s)

Docket

Length of case file

Between 21 and 30 pages

Repository(s)

• Gage County District Court (Beatrice, Nebraska)

State

• Nebraska

Tag(s)

• Children

People

• Dyer, Lewis B. (petitioner)
• Dyer, Ada (petitioner)
• Dyer, Caroline (Carolina Rosa Byrne) (bound party)
• Dyer, John (John Gurnett Byrne) (bound party)
• Lanning, W. F. (respondent)
• Lanning, W. F. (holding party)
• Kelligar, W. H. (judge)
• Ashby, W.H. (petitioner attorney)
• Sackett, (respondent attorney)
• Brewster, Chas. L (respondent attorney)

• Additional parties

  John R. Quein (clerk), M. B. Quein (deputy), F. E. Bourne (deputy), Frank Woefer (summoned witness), Mrs. Frank Woefer (summoned witness), Mrs. Marion Gaston (summoned witness), Mrs. Overlees (summoned witness), R. H. Haagland (summoned witness), Mrs. R. H. Haagland (summoned witness)