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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 : Interpersonal: child custody

229 results

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Michael, a boy of color vs. Henry G. Mitchel and Henry C. Russel

  • Earliest record date: May 23, 1832
  • Petition type(s): Interpersonal: wrongful enslavement | Interpersonal: kidnapping | Interpersonal: child custody
  • Petition outcome: Unknown
  • Fate of bound party: Remained in custody

In the Matter of Julia alias Mary Ann on Habeas Corpus

  • Earliest record date: August 24, 1836
  • Petition type(s): Interpersonal: child custody | Interpersonal: wrongful enslavement
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

By the Habeas Corpus Act in the matter of Horatio Napoleon Marsden

  • Earliest record date: December 3, 1851
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Not in custody

Habeas Corpus in the matter of James D. Lloyd

  • Earliest record date: January 16, 1852
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ dismissed
  • Fate of bound party: Unknown

Habeas Corpus in the matter of William M Parkinson

  • Earliest record date: April 28, 1852
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Not in custody

Habeas Corpus in the matter of John Medford

  • Earliest record date: December 8, 1854
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Alice Tully

  • Earliest record date: April 28, 1855
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Ellen Ryan

  • Earliest record date: September 24, 1855
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Amadee E. Quevreux

  • Earliest record date: December 22, 1855
  • Petition type(s): Interpersonal: child custody | Interpersonal: wrongful servitude
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Augusta Krause

  • Earliest record date: August 19, 1856
  • Petition type(s): Interpersonal: child custody | Interpersonal: kidnapping
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the matter of Lucy A Rogers

  • Earliest record date: June 11, 1857
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Habeas Corpus in the Matter of Bridgett Halpin

  • Earliest record date: August 7, 1857
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of Martha Edwards

  • Earliest record date: August 21, 1858
  • Petition type(s): Interpersonal: child custody | Carceral: prostitution
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Ex Parte Joseph Scheiber

  • Earliest record date: May 12, 1862
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

In the Matter of Application for a Writ of Habeas Corpus on Behalf of Thomas Nelson Overnell, a small child about 14 months old in Island County

  • Earliest record date: October 23, 1862
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of the application of J. J. Blevins for writ a [sic] Habeas Corpus

  • Earliest record date: September 29, 1866
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Andrew H. Derrick v. Mary J. Whitesides

  • Earliest record date: May 1, 1866
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Application for Writ of Habeas Corpus by Elizabeth Bird

  • Earliest record date: January 10, 1867
  • Petition type(s): Interpersonal: child custody | Interpersonal: wrongful enslavement
  • Petition outcome: Unknown
  • Fate of bound party: Remained in custody

Catharine L. Martin v. Jesse Martin

  • Earliest record date: March 2, 1868
  • Petition type(s): Interpersonal: child custody | Interpersonal: kidnapping
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

The People of the State of Nebraska vs. W.W. Armstrong and John A. Dunn

  • Earliest record date: September 11, 1869
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Charles Gahres and Martha J. Gahres v. Isabella Sutton and W. H. Barrett

  • Earliest record date: August 1, 1868
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ dismissed
  • Fate of bound party: Remained in custody

Lucia Martinez vs. Thomas Barrman, K. S. Woolsey, John Ammerman & Mrs Ammerman

  • Earliest record date: July 29, 1871
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ dismissed
  • Fate of bound party: Custody transferred to third party

J. H. Sheffler and Josephine Sheffler v. John B. Montague

  • Earliest record date: November 11, 1876
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

Samuel Montgomery v. Edwina Montgomery

  • Earliest record date: May 30, 1877
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody | new custody arrangement reached

In the matter of the application of Etta Fritcher for writ of Habeas Corpus on behalf of Jessie Fritcher

  • Earliest record date: July 11, 1877
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

Joseph Wells v. William A Church & Martha Church

  • Earliest record date: November 25, 1877
  • Petition type(s): Interpersonal: child custody | Interpersonal: kidnapping
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

In the matter of due application of Ellen Kingsley for writ of Habeas Corpus for Infant Child

  • Earliest record date: February 15, 1883
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Remained in custody

In the matter of the application of Mary Marshall mother of Wm. Marshall an infant for a petition of habeas corpus

  • Earliest record date: June 8, 1886
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

In the matter of the application of Robert Ashburn for writ of Habeas Corpus

  • Earliest record date: July 3, 1886
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ denied
  • Fate of bound party: New custody arrangement reached

In the matter of the application of Alexander Brown and George Brown, infants, by their father Nicholas Brown for a Writ of Habeas Corpus

  • Earliest record date: May 17, 1887
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ dismissed
  • Fate of bound party: Not in custody

In the Matter of the Application of Elnora Cline, an Infant, by B.M. Cline, Her Father, for a Writ of Habeas Corpus

  • Earliest record date: May 21, 1887
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Unknown

Samuel O'Brien v. Nancy O'Brien

  • Earliest record date: July 9, 1887
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody | new custody arrangement reached

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 Mary LeFebvre for a writ of Habeas Corpus

  • Earliest record date: February 21, 1888
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

In the Matter of the Application of Mary M. Claybourn by C. H. Kelly on her behalf for a writ of Habeas Corpus

  • Earliest record date: February 23, 1888
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

In the Matter of Application for Writ of Habeas Corpus for Clayton Musser, by John Musser, parent

  • Earliest record date: March 13, 1888
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

Jennie Miller Powers v. Mary Elizabeth Miller and R. J. Miller

  • Earliest record date: April 9, 1888
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the Matter of the Application of H. J. Mann on Behalf of His Infant Daughter for Writ of Habeas Corpus

  • Earliest record date: April 24, 1888
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody | new custody arrangement reached

In the Matter of the Application of Maria L. Peterson for Writ of Habeas Corpus

  • Earliest record date: September 11, 1888
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

In the Matter of the Application of Nelson Davis for the Custody of Maggie M. Davis, a Minor Child

  • Earliest record date: November 27, 1888
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

In the Matter of the Application of Mary Ellen Lyts for a Writ of Habeas Corpus

  • Earliest record date: March 21, 1889
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: New custody arrangement reached

In the matter of the Proceedings in Habeas Corpus in behalf of Evelyn E Miller, on Petition and Application of Louis B. Millerburrb

  • Earliest record date: August 4, 1889
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody | new custody arrangement reached

In the matter of the application of William Giles for a writ of Habeas Corpus

  • Earliest record date: December 18, 1889
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ denied
  • Fate of bound party: Remained in custody

In the matter of the Application of Melinda Ellis for a writ of Habeas Corpus

  • Earliest record date: May 19, 1890
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of the application of Claude H. Goldsborough on relation of his mother Izora I. Goldsborough for a writ of Habeas Corpus

  • Earliest record date: August 28, 1890
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: New custody arrangement reached

In the matter of the application of Otilla Brinkman for a writ of Habeas Corpus

  • Earliest record date: October 14, 1890
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Unknown
  • Fate of bound party: Unknown

In the matter of the application of Charles H. Gaydou for a writ of Habeas Corpus for Charles Gaydou

  • Earliest record date: November 21, 1890
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: New custody arrangement reached | released from custody

In the matter of the application of Robert H. Robinson for a writ of Habeas Corpus

  • Earliest record date: January 15, 1891
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ allowed
  • Fate of bound party: Released from custody

In the matter of the application of Louis S. Lathrop for a writ of Habeas Corpus

  • Earliest record date: October 8, 1877
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ denied
  • Fate of bound party: New custody arrangement reached

In the Matter of Application of Rose Dodson for Writ of Habeas Corpus

  • Earliest record date: September 19, 1891
  • Petition type(s): Interpersonal: child custody
  • Petition outcome: Writ dismissed
  • Fate of bound party: Unknown
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