In re Hamilton

Citations

• 66 Kan. 754
• 71 P. 817
• 1903 Kan. LEXIS 133

Syllabus

<p>Habeas Cokpus — Custody of Child — Res Judicata. In a proceeding in habeas corpus where a controversy arises over the custody of a child, the real issue is one between private parties contesting a question of private right, in which there arises no question of personal liberty, and, in conseqnence, all matters in issue arising upon the same state of facts determined in a prior proceeding should be regarded as settled and concluded. However, Where many facts appear to be presented by the record which may not have been presented to the judge at the former hearing, and where possibly other facts have occurred since the former hearing, this court will examine the entire matter.</p>