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Habeas petitions described a broad range of carceral, institutional, and interpersonal confinement over the long nineteenth century, including those used to demand due process, resist enslavement, challenge child removal and reservation confinement, avoid deportation, present child custody claims and protest child marriage, and to challenge institutionalization and detention in private and state institutions. As a legal mechanism borrowed from British common law and guaranteed as a civil right in US federal and state constitutions, habeas provides a lens on a diverse community of legal actors.

Our encoding practice allows us to identify petitions in these three categories and to indicate where those categories overlap. In addition to these three general categories, our team has identified the specific carceral charge being challenged as well as the particular forms of institutional and interpersonal confinements being questioned.

You may also browse or search petitions by location and/or jurisdiction to learn more about the myriad complaints petitioners brought before judges in Arizona, Iowa, Kansas, Missouri, Nebraska, Oregon, and Washington between 1812 and 1924. Each case entry includes a full citation, a summary, links to people with a role in the case, a list of other people named, and any sites of significance. Visitors wanting access to full case files can contact the cited repository for information about obtaining copies. Those without institutional affiliations may request image scans from Dr. Jagodinsky directly. The Glossary defines the attributes used to structure data from the habeas petitions. The Code Book explains the relational structure of the data and functionality of the database website.

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Petition Subtype : Institutional: child custody

57 results

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In the matter of Frances Vanhorn to the Writ of Habeas Corpus

  • Earliest record date: August 22, 1865
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Petition for a Writ of Habeas Corpus Anna Vine vs. Sheldon Jackson

  • Earliest record date: March 9, 1885
  • Petition type(s): Institutional: Indian agent/superintendent | Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of the application of Can- ah- couqua for a writ of habeas corpus

  • Earliest record date: March 20, 1886
  • Petition type(s): Institutional: child custody | Institutional: Indian agent/superintendent
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

In the Matter of the Application of Alice McKay for a Writ of Habeas Corpus for the Body of Mary McKay Her Infant Daughter

  • Earliest record date: November 25, 1887
  • Petition type(s): Interpersonal: child custody | Interpersonal: kidnapping | Institutional: child custody
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

In the Matter of the application of Elmer Buchanan by John C. Dolew on his behalf for a writ of Habeas Corpus

  • Earliest record date: September 29, 1888
  • Petition type(s): Institutional: child custody
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

In the matter of the application of Mrs. Jennie Wingate for a writ of Habeas Corpus

  • Earliest record date: March 21, 1892
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of the application of John W. McDaniel for a writ of Habeas Corpus for William C. McDaniel

  • Earliest record date: June 23, 1892
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ dismissed
  • Fate of bound party: Unknown

In re application for writ of habeas corpus by Lizzie Hendrickson

  • Earliest record date: February 1, 1893
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the Matter of the Application of John Lovell and Kate Lovell for a Writ of Habeas Corpus

  • Earliest record date: October 26, 1891
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of the application of Charles N. Replogle, Superintendent of the Mission, upon Douglas Island, Alaska, of "Kansas Yearly Meeting of of Orthodox Friends" on behalf of Nu-Shukk, a minor Indian child, for writ of Habeas Corpus

  • Earliest record date: August 2, 1893
  • Petition type(s): Institutional: child custody | Institutional: Indian agent/superintendent
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

In the Matter of the Application of Alice McKay for a Writ of Habeas Corpus

  • Earliest record date: January 19, 1894
  • Petition type(s): Institutional: child custody | Interpersonal: child custody
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

In the Application of Maggie Jones for Writ of Habeas Corpus

  • Earliest record date: April 12, 1894
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ dismissed
  • Fate of bound party: Remained in custody

In the Matter of the application of the petition of Emma E. Howard for a writ of Habeas Corpus

  • Earliest record date: December 4, 1896
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the Matter of the application of Susan M. Horn the mother and natural guardian of Nora E. Horn and Rapsie Horn for a Writ of Habeas Corpus

  • Earliest record date: May 28, 1898
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ denied
  • Fate of bound party: Unknown

In the Matter of the Application of Benjamin F. Dodd and Annie Dodd for Writ of Habeas Corpus on Behalf of Clara Blaire Dodd; Minnie Ray Dodd; Rose Allen Dodd, and Marvel Dodd, Minor Children of Petitioners

  • Earliest record date: June 16, 1898
  • Petition type(s): Institutional: child custody
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Application of Alice Bigelow for a Writ of Habeas Corpus on Behalf of Edith and Edna Bigelow, her Daughters

  • Earliest record date: March 22, 1899
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of the illegal confinement of Nellie Louisa Lopez

  • Earliest record date: July 17, 1899
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Custody transferred to third party

In the matter of the Petition for Habeas Corpus on behalf of Mary Josephine Marshall

  • Earliest record date: October 12, 1899
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Remained in custody

In the matter of the petition of custody of & welfare of Patrick Quinn, Leo Quinn and Mary Quinn, neglected and abused children

  • Earliest record date: October 10, 1901
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Custody transferred to third party

In the matter of the application of Ruby Gertrude Denny a minor for writ of Habeas Corpus

  • Earliest record date: April 2, 1902
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: New custody arrangement reached

In the matter of the application of Maude Cooper for a writ of Habeas Corpus for Kenneth Cooper, otherwise known as Albert Silas

  • Earliest record date: November 29, 1902
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: New custody arrangement reached | released from custody

In the Matter of the Application of Mary Moore for a Writ of Habeas Corpus for Walter Johnson

  • Earliest record date: February 18, 1903
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ dismissed
  • Fate of bound party: Unknown

In the matter of the application of Arthur Moraine for a writ of habeas corpus for a minor child named Richard Moraine, and also known as Richard Murray

  • Earliest record date: September 18, 1903
  • Petition type(s): Institutional: child custody
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

In the matter of the petition of Ferdinard Marino and Carolina Beluscia Marino on behalf of Joseph Marino

  • Earliest record date: December 31, 1903
  • Petition type(s): Institutional: underage military enlistment | Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of the Application of Anna Berg et al for Writ of Habeas Corpus, Wasgreu

  • Earliest record date: October 26, 1903
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

In the matter of the Application of Josie Martin in Habeas Corpus

  • Earliest record date: April 27, 1904
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

In the Matter of the application of Anna Elizabeth Krim for Writ of Habeas Corpus

  • Earliest record date: February 18, 1905
  • Petition type(s): Institutional: child custody | Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Custody transferred to third party

In the matter of the application of Louis Dick for a writ of habeas corpus

  • Earliest record date: June 28, 1905
  • Petition type(s): Institutional: child custody | Institutional: Indian agent/superintendent
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

In the Matter of Application for writ of Habeas Corpus for Harry Carr and Herbert Carr minor children of Sam'l L. Carr

  • Earliest record date: November 14, 1906
  • Petition type(s): Institutional: child custody | Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Custody transferred to third party

On relation of Charles Holton, and Sarah Holton vs. Nebraska Children's Home Society

  • Earliest record date: February 26, 1907
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

In the matter of the application of Florence Tinsley for a writ of Habeas Corpus

  • Earliest record date: April 16, 1908
  • Petition type(s): Institutional: convent | Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

On the relation of Mrs. Lottie Parsons Relator vs. St. James Orphan Asylum Respondent

  • Earliest record date: October 9, 1911
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ dismissed
  • Fate of bound party: Remained in custody

Habeas Corpus of Theodore Mazzine for Martha Mazzine against Missionary Sisters of Sacred Heart

  • Earliest record date: February 22, 1912
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

In re Application of Michael Mullaly for a Writ of Habeas Corpus

  • Earliest record date: February 22, 1912
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the Matter of the Application of Emma Abbott for Writ of Habeas Corpus

  • Earliest record date: May 17, 1912
  • Petition type(s): Institutional: child custody
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Habeas Corpus of W. S. Matthews against Maria Matthews + House of the Good Shepherd

  • Earliest record date: June 10, 1913
  • Petition type(s): Interpersonal: child custody | Institutional: child custody
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

In re Application of Sister Florida for a Writ of Habeas Corpus

  • Earliest record date: July 16, 1914
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

Application of Minnie Hall Riley for a Writ of Habeas Corpus

  • Earliest record date: November 23, 1914
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: New custody arrangement reached

In the matter of the application of Mrs. Gladys Fredrika Fuson, for a writ of habeas corpus

  • Earliest record date: July 10, 1916
  • Petition type(s): Institutional: child custody | Interpersonal: child custody
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

In the matter of the application of George Craig, Olie Williamson and Mabel Williamson

  • Earliest record date: February 7, 1917
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Unknown

In the matter of the application of Arthur Treichel, minor on the part of Marie Holz and Adolph Holz for a writ of Habeas Corpus

  • Earliest record date: October 2, 1919
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Dismissed

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

  • Earliest record date: March 9, 1916
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of the application of Frances Hulm For a writ of Habeas Corpus

  • Earliest record date: December 27, 1919
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of the application of Marie Paulson Hislop on behalf of Herbert Paulson and Robert Paulson for a writ of Habeas Corpus

  • Earliest record date: August 16, 1920
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ denied
  • Fate of bound party: Unknown

In the matter of the application of Peter Mangen for a writ of Habeas Corpus for Hazel May Mangen

  • Earliest record date: November 1, 1920
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

In the matter of the application of James Nesladek and Anna Nesladek for a writ of Habeas Corpus

  • Earliest record date: June 25, 1921
  • Petition type(s): Institutional: child custody | Carceral: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Remained in custody | custody transferred to third party

In re application of Marie Philbrick for writ of Habeas Corpus

  • Earliest record date: June 20, 1922
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of the application of Laura M. Parker for Writ of Habeas Corpus for Joyce McCaulley and Ray McCaulley Jr.

  • Earliest record date: April 26, 1923
  • Petition type(s): Institutional: child custody
  • Petition outcome: Writ dismissed
  • Fate of bound party: Unknown

In the Matter of the Application of A. Leonard Mossberger, ex rel, Leslie Mossberger, a minor, for a writ of Habeas Corpus

  • Earliest record date: February 16, 1915
  • Petition type(s): Institutional: juvenile detention | Institutional: child custody
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody
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