Case Summary

On June 4th, 1923, Hattie Barnica filed a petition for a writ of habeas corpus on behalf of her 11 year old daughter Katherine Hauser. Hattie named Katherine's grand-parents, Ira and Katie Hauser, as respondents. Katherine's biological father, Page Hauser, died in 1918. Hattie explained in the petition that she had sent Katherine to live with Ira and Katie for the duration of the school year (Sept. 1922 - May 1923). At the time of filing the petition, the agreed-upon period of temporary custody had lapsed but Ira and Katie refused to return Katherine. In a return to the petition, Ira and Katie alleged that they were entitled to custody of Katherine. They alleged that Hattie sent Katherine to live with them because she could not provide for Katherine. They also accused Hattie's husband, Albert Barnica, of being abusive and addicted to alcohol. They claimed that Katherine's treatment was so bad that when she came to live with them she was suffering from nervousness and was very sickly. Upon examination by a doctor, they found that she was emaciated, malnourished, anemic, and her teeth were decaying. They alleged that Katherine had faced this neglect and abuse ever since Hattie and Albert had a child of their own. They also alleged that Albert had been found guilty of crimes in Nebraska. Additionally, they stated that when older men would come over, Katherine would be forced to sleep in the same bed as them in a room separate from her parents. Ira and Katie asserted that Katherine did not want to and was afraid to return home to her parents, but that they had the ability and desire to care for Katherine. On June 21st, Hattie replied and denied all allegations against herself and her husband, and assured the court that Albert was of good character. Hattie claimed that Katherine had always been well cared for and that she cared for her family, and that if she was saying or feeling differently it was because of the influence of Ira and Katie. On July 5th, the judge of the County Court allowed the writ and ordered that Katherine be released to Hattie. They found Hattie to be a suitable parent and that the allegations against Albert were false. On the same day as the order, Ira and Katie filed an application for an order fixing a bond of $1000 and signaled their intent to appeal. The judge granted custody of Katherine to Ira and Katie until the expiration for the time of appeal. On December 22nd, the District Court judge agreed with the findings of the lower court and demanded the release of Katherine into Hattie's custody. Ira and Katie filed a motion for a new trial but it was overruled.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

Gage County District Court, Appearance Dockets, Vol. 34, p. 218; Gage County District Court, Case Files, No. 218

Source material(s)

Docket | Case File

Length of case file

Between 31 and 40 pages

Repository(s)

• Gage County District Court (Beatrice, Nebraska)

State

• Nebraska

Tag(s)

• Children
• Appeal

People

• Colby, Leonard W. (L.W. Colby) (judge)
• Messmore, Fred W. (judge)
• Barnica, Hattie M. (petitioner)
• Barnica, Albert (petitioner)
• Hauser, Katherine M. (bound party)
• Hauser, Ira (respondent)
• Hauser, Ira (responding party)
• Hauser, Ira (holding party)
• Hauser, Katie M. (respondent)
• Hauser, Katie M. (responding party)
• Hauser, Katie M. (holding party)
• Sackett, (petitioner attorney)
• Brewster, Chas. L (petitioner attorney)
• Hazlett, (respondent attorney)
• Jack, (respondent attorney)
• Laughlin, Loren H. (respondent attorney)
• Rinaker, Samuel (respondent attorney)
• Kidd, (respondent attorney)
• Delehant, John (respondent attorney)

• Additional parties

  Lenhart, F. E. (district court clerk)

  Hughes, F. D. (deputy clerk)

  Gilliland, Josephine (county court clerk)

  Decor, Leroy C. (notary)

  Smith, Eugene (petitioner witness)

  Ivers, August (petitioner witness)

  Kurtz, Frank (petitioner witness)

  Kurtz, Mrs. Frank (petitioner witness)

  Kildare, James (petitioner witness)

  Kildare, Mrs. James (petitioner witness)

  Kunta, Fred (petitioner witness)

  Walden, Yabe (petitioner witness)

  Anderson, John (petitioner witness)

  Anderson, Mrs. John (petitioner witness)

  Peters, Albert (petitioner witness)

  Peters, Mrs. Albert (petitioner witness)

  Thorpe, Pearl (petitioner witness)

  Smith, Carson (petitioner witness)’ Barnica, Minnie (petitioner witness)

  Atterbury, Mrs. John (petitioner witness)

  Kindle, H. C. (petitioner witness)

  Deacon, Mrs. W. L. (petitioner witness)

  Reikat, Eitel (petitioner witness)

  Borrow, Nora (petitioner witness)

  Price, E. V. (petitioner witness)

  Pelter, Ellen (petitioner witness)

  Shaffer, John (petitioner witness)

  Braman, Arthur (petitioner witness)

  Kleever, Charles (petitioner witness)

  Kleever, Mrs. Charles (petitioner witness)

  Kildare, Eleanor (petitioner witness)

  Kildare, H. L. (petitioner witness)

  Paxton, W. E. (petitioner witness)

  Barnica, Joe (petitioner witness)

  Barnica, B. F. (petitioner witness), Pelton, Arthur (petitioner witness)

  Pelton, Mrs. Arthur (petitioner witness)

  Walden, Dr. C. W. (respondent witness)

  McConnell, Helen (respondent witness)

  Rains, Kenneth (respondent witness)

  Hauser, Harvey (surety and respondent witness)

  Spellman, B. L. (respondent witness)

  Huttenmier, John (respondent witness)

  Hauser, Edith (respondent witness);