Case Summary

Since November 3, 1884, following a divorce suit between Jennie Miller and John Powers, Mary Elizabeth and R.J. Miller were in custody of granddaughter Mary Alice Powers. Then on April 6, 1888, parents Jennie Miller and John Powers divorced, to which Miller Powers was awarded custody of her daughter by the court, which the grandparents have refused. Powers applies for habeas, claiming that she is lawfully entitled to the custody of her daughter. Mary Elizabeth and R.J. Miller respond claiming that since they've had custody of their granddaughter, said custody has been exclusive, and that the mother abandoned, refused to recognize child, was deemed physically and mentally unfit to parent, and they have supported all expenses having the child under their care. Miller Powers refutes these claims, reporting that custody and support for the child's care had not been taken by solely one party, she isn't physically and mentally unfit or dependent to maintain herself, and accuses her parents of conspiring with her former husband against her. Writ was granted and custody of the child was returned to Jennie Miller Powers.

Case Information

Petition type(s)

• Interpersonal

Petition subtype(s)

• Child custody

Outcome

Writ allowed

Fate of bound party

Released from custody

State

• Washington

Tag(s)

• Children

People

• Powers, Mary Alice (bound party)
• Powers, Jennie Miller (petitioner)
• Miller, Mary Elizabeth (respondent)
• Miller, Mary Elizabeth (responding party)
• Miller, Mary Elizabeth (holding party)
• Miller, R.J. (respondent)
• Miller, R.J. (responding party)
• Miller, R.J. (holding party)
• Hall, J. M. (petitioner attorney)
• Littell, Thomas T. (petitioner attorney)
• Smith, Eben (petitioner attorney)
• Gilman, Luthene Claremont (L. C.) (respondent attorney)
• Lewis, James Hamilton (respondent attorney)

• Additional parties

  Ledgerwood, W.E. (clerk;) Hannon, H.T. (deputy clerk;) Powers, John (ex-husband of petitioner;)