People ex rel. Brumager v. Johnson

Appellate Court of Illinois

People ex rel. Brumager v. Johnson

209 Ill. App. 324, 1918 Ill. App. LEXIS 617

CourtAppellate Court of Illinois

DecidedJanuary 28, 1918

DocketGen. No. 23,507

StatusPublished

This text of 209 Ill. App. 324 (People ex rel. Brumager v. Johnson) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Brumager v. Johnson, 209 Ill. App. 324, 1918 Ill. App. LEXIS 617 (Ill. Ct. App. 1918).

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Opinion

Mr. Justice McSurely

delivered the opinion of the court.

Abstract of. the Decision. 1. Infants, § 4*—what is principal consideration in awarding custody of child. The principal consideration moving the court, in awarding the custody of a minor child under a proceeding in habeas corpus, is the welfare of the child, and where opposing claimants are equally responsible courts will favor the claims of-those who stand in relationship to the child. 2. Infants, § 4*—determination of comparative merits of claimants of child. A determination as to the custody of a minor child, in a proceeding in habeas corpus, does not necessarily involve a decision upon the comparative merits of the respective claimants. 3. Infants, § 4*—when custody of child given to uncle and aunt. In a habeas corpus proceeding, held that the uncle and aunt of a minor child should be awarded its custody, on grounds of relationship, notwithstanding another claimant who was unrelated was equally proper and fit to have its custody.

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Mr. Justice McSurely

delivered the opinion of the court.

Abstract of. the Decision. 1. Infants, § 4*—what is principal consideration in awarding custody of child. The principal consideration moving the court, in awarding the custody of a minor child under a proceeding in habeas corpus, is the welfare of the child, and where opposing claimants are equally responsible courts will favor the claims of-those who stand in relationship to the child. 2. Infants, § 4*—determination of comparative merits of claimants of child. A determination as to the custody of a minor child, in a proceeding in habeas corpus, does not necessarily involve a decision upon the comparative merits of the respective claimants. 3. Infants, § 4*—when custody of child given to uncle and aunt. In a habeas corpus proceeding, held that the uncle and aunt of a minor child should be awarded its custody, on grounds of relationship, notwithstanding another claimant who was unrelated was equally proper and fit to have its custody.

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Bluebook (online)

209 Ill. App. 324, 1918 Ill. App. LEXIS 617, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-brumager-v-johnson-illappct-1918.