Clifford v. Williams

Citations

• 131 F. 100
• 1904 U.S. App. LEXIS 4880

Syllabus

<p>1. Federal Courts — Jurisdiction—Habeas Corpus — Custody oe Child.</p> <p>Rev. St. tit. 13, c. 13, §§ 751-7G6 [U. S. Comp. St. 1901, pp. 592-597], authorizes federal courts and the justices thereof to issue writs of habeas corpus and dispose of persons restrained of liberty as law and justice require, but prohibits the use of such writ in behalf of prisoners in jail, except in the enumerated cases in which the national government may properly interfere. Held, that neither such chapter, nor the general law defining the jurisdiction of United States Circuit Courts, gives to such courts jurisdiction to issue a writ of habeas corpus to determine a controversy between persons who are residents of different states as to the right of custody of their infant child, who was neither restrained of her liberty nor imprisoned.</p> <p>2. Same — Judicial Proceedings — States—Full Faith and Credit.</p> <p>Where, after the remarriage of plaintiff’s divorced wife, and her removal to another state, taking with her an infant daughter awarded to her custody in divorce proceedings, another order was made in such proceedings awarding custody of the child to plaintiff, the refusal of his former wife to comply with such decree, and her obtaining a decree of adoption in the state of her domicile, without proof that the courts in such state had refused to recognize plaintiff’s decree, did not confer jurisdiction on the federal Circuit Court in the state of the wife’s domicile to issue a writ of habeas corpus to determine plaintiff’s right to the custody of the child, on the ground that full faith and credit had been denied to plaintiff’s decree awarding him the custody of the child.</p> <p>¶ 1. Jurisdiction of federal courts in habeas corpus proceedings, see note to In re Huse, 25 C. O. A. 4</p>