Skip to main content

In the matter of the petition of J. B. Montgomery for the possession of Mary P. Montgomery, an infant, alleged to be detained by Sarah J. Montgomery

September 21, 1876

Filed before the Marion County Circuit Court (Salem, Oregon)

Case ID: hc.case.or.0002

Case Summary

J. B. and Sarah Montgomery divorced in 1871. The Douglas County Circuit Court ordered that J. B., not Sarah, should have custody of their daughter, Mary Montgomery. Sarah refused to comply with the court order, prompting J. B. to petition for a writ of habeas corpus in Marion County, which was granted. After hearing the evidence, the Marion County Circuit Court awarded custody of Mary to J. B., found Sarah to be in contempt, and ordered her to pay all court fees.

Case Information

Petition type(s)

  • Interpersonal

Petition subtype(s)

  • Child custody

Outcome

Writ allowed

Fate of bound party

Released from custody

Case Citation

Marion County Circuit Court Journal Vol. 5 1872-1876, Accession No. 93A-19, p. 785

Source material(s)

Journal

Repository(s)

State

  • Oregon

Tag(s)

  • Children

People

Citation

Katrina Jagodinsky, Cory Young, Andrew Varsanyi, Laura Weakly, Karin Dalziel, William Dewey, Erin Chambers, Greg Tunink. “In the matter of the petition of J. B. Montgomery for the possession of Mary P. Montgomery, an infant, alleged to be detained by Sarah J. Montgomery.” Petitioning for Freedom: Habeas Corpus in the American West, 1812-1924, University of Nebraska–Lincoln. Accessed November 23, 2024. https://petitioningforfreedom.unl.edu/cases/item/hc.case.or.0002

Back to top