Case Summary

On August 6th, 1920, Clara Heaston submitted a petition for a writ of habeas corpus on behalf of her minor daughter, Nellie Heaston. Ralph Heaston, Nellie's father, and John Clopper were named as respondents. In October 1919, Clara and Ralph divorced and Clara was awarded custody of their two children. Clara allowed the children to visit Ralph's sister in March of 1920 on the condition that she would pick them up the next morning. Clara claimed that during the night, Ralph took Nellie out of Colorado and to Nebraska and had since refused to return her. Ralph eventually placed Nellie into the custody of John Clopper. Originally, the case was to be continued to September 13th with Nellie remaining in the custody of Clopper during that time. On August 20th, a stipulation was filed dismissing the writ with prejudice and the record waived. It is unknown whether or not Nellie was returned to her mother.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Outcome

Writ dismissed

Fate of bound party

Unknown

Case Citation

Gage County District Court, Appearance Dockets, Vol. 32, p. 209; Gage County District Court, Case Files, No. 209

Source material(s)

Docket | Case File

Length of case file

Between 11 and 20 pages

Repository(s)

• Gage County District Court (Beatrice, Nebraska)

State

• Nebraska

Tag(s)

• Children

People

• Heaston, Clara E. (petitioner)
• Heaston, Nellie I. (bound party)
• Heaston, Ralph R. (respondent)
• Heaston, Ralph R. (responding party)
• Clopper, John (holding party)
• Clopper, John (respondent)
• Clopper, John (responding party)
• Sabin, R. W. (petitioner attorney)
• Vasey, Walter (petitioner attorney)
• Pemberton, Leander M. (judge)

• Additional parties

  Lenhart, F. E. (clerk)

  Hughes, F. D. (deputy clerk)

  Schiek, J. L. (sheriff)

  Gray, A. H. (special deputy)

  Little, J. E. (El Paso County District Court judge)

  Sheafor, J. W. (El Paso County District Court judge)

  Howbert, Edgar (El Paso County District Court clerk);