Case Summary

Albert and Loretta Sheldon divorced in 1888. Five years later, Loretta, who had remarried, petitioned for a writ of habeas corpus to establish custody of their son, Hallie. Loretta claimed that the divorce settlement had not determined custody; Albert countered that the settlement had granted custody of Hallie and his brother, Olliver, to himself and custody of a third son, Walter, to Loretta. After hearing the evidence, Hallie was remanded to the custody of Albert and Loretta ordered to pay his court fees.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Outcome

Writ denied

Fate of bound party

Remained in custody

Case Citation

Marion County Circuit Court Journal, Vol. 13, Oct. 1892-Oct. 1893, Accession No. 93A-19, pp. 512-3; Marion County Circuit Court Case Files, Container No. 161: 5509 - 5609, Case No. 5582

Source material(s)

Journal | Case File

Length of case file

Between 21 and 30 pages

Repository(s)

• Oregon State Archives (Salem, Oregon)

State

• Oregon

Point(s) of law cited

Section 608 of the Code of Oregon

Tag(s)

• Children

People

• Sheldon, William Hallie (bound party)
• Ross, Loretta (née Durbin) (petitioner)
• Sheldon, Albert (respondent)
• Burnett, George H. (judge)
• Bonham, B. F. (petitioner attorney)
• Holmes, W. H. (petitioner attorney)
• D'Arcy, William J. (respondent attorney)
• Bingham, George G. (respondent attorney)
• Sheldon, Albert (responding party)
• Sheldon, Albert (holding party)

• Additional parties

  Egan, W. H. (clerk)

  McAfee, W. E. (deputy clerk)

  Hollister, George W. (notary public)

  Warren, W. L. (sheriff)

  Conner, R. L (deputy sheriff)

  D'Arcy, Peter H. (notary public)

  Ross, Duncan (stepfather of bound party)

  Sheldon, Oliver Cressie (brother of bound party)

  Sheldon, Walter Chifton (brother of bound party)