12 S.D. 562 | S.D. | 1900
This is a proceeding on an order to show cause why a peremptory writ of mandamus should not issue to the defendant, as judge of the county court of Beadle county, requiring him to hear and determine upon its merits a petition of the relator herein for the return to his custody of his two minor children, taken from him by an order of that court in August, 1898. The order to show cause is based upon an affidavit of the relator in which he states that he is the father of two minor children, namely, Maggie McFall and Charles McFall; that in August, 1898, the county court of Beadle county, on the application of W. B. Sherrard, superintendent of the South Dakota Children’s Home Society, rendered the following judgment: “It is hereby ordered, adjudged, and decreed that the said children, Maggie McFall and Charles McFall, and they and each of them, are hereby surrendered to the South Dakota Children’s Home Society of Sioux Falls, South Dakota;’’ that thereupon his two children were taken to the Children’s Home, in Sioux Falls, and have ever since remained under the charge and control of the said society; that at the time said order was made the relator was a widower, and was unable to provide a housekeeper to care for his children during his absence from home, which, by reason of his avocation, constituted a large part of the time. The relator further shows that since the said order was made lie has married and has now a wife competent and willing to care for said children, and that he desires to have his said children returned to him. The,
The learned counsel for the respective parties discussed at some length the rights and powers of the South Dakota Children’s Home. Society over children surrendered to its cus