In the matter of the application of Sadie Millett and Harry D. Ryan, for the writ of Habeas Corpus for the custody of Constance Cheshire
March 9, 1916
- January 3, 1920
Petitioned on December 5, 1919
Filed before the Marion County Circuit Court (Salem, Oregon)
Case ID: hc.case.or.0031
Case Summary
In March 1916, the Lane County Juvenile Court ordered the commitment of Constance Cheshire to the State Industrial School for Girls in Salem without ever alerting her parents about the proceedings. In December 1919, with Cheshire nearing her eighteenth birthday, her mother, Sadie Millett, and grandfather, Harry Ryan, petitioned for a writ of habeas corpus on her behalf, which was granted. The school superintendent, Margaret Mann, claimed that she had released Cheshire on parole to one Mrs. Charles Cleveland, whose relationship to Cheshire is unclear. After hearing the evidence, Mann was ordered to retrieve Cheshire from Cleveland and return her to the custody of her mother.
Case Information
Petition type(s)
Petition subtype(s)
Sites of significance
Outcome
Writ allowed
Fate of bound party
Released from custody
Case Citation
Marion County Circuit Court Dockets and Indexes, Index, Volume 5, 1892-1921, Accession No. 90A-16; Marion County Circuit Court Journal, Dept. No. 2, Vol. 37, Nov. 1918-Nov. 1920, Accession No. 93A-19, pp. 328, 347-8; Marion County Circuit Court Case Files, Case No. 14666
Source material(s)
Index |
Journal |
Case File
Length of case file
Between 41 and 50 pages
Repository(s)
State
Point(s) of law cited
Section 628 of Lord’s Oregon Laws|State of Oregon, Plaintiff vs. John Frey, Defendant (Lane County Circuit Court, February 1916)|Section 634 of Lord’s Oregon Laws|Sections 277 and 282 of Black on Judgments (1902 Ed.)|Heatherly v. Hadley 4 Ore. 1|Northcut v. Lemery, 8 Ore. 316|Knapp v. Wallace, 50 Oreg. 347|Sections 4409-10 of Lord’s Oregon Laws|62 Am. St. Rep. 117|Kennedy vs. Meara, 9 Am. and Eng. Cases 396|Mills vs. Brown, 31st Utah, 473|120 Am. St. Rep. 933, 88 Pac. 609|Ex parte Bowers, supra, Chief Justice Moores, 397|Ex parte Satterthwait, 52 Mont. 550, 160 Pac. 343|Juvenile Court of Shelby Co. vs. State ex rel Humphrey, 139 Tenn. 549, 201 S.W. 771|Kelsey vs. Carroll, 38 Pac. 867-868|Ogden vs. State 156 N.W. 476-477|Section 4016 of Lord’s Oregon Laws|State vs. West, 39 Tenn. 522-525, 201 S.W. 743|Foster vs. Meyers, 59 Or. 549-550|Nugent vs. Powell, 4 Wyo. 139, 33rd. Pac, 23-28, 20 LRA 199
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