183 N.W. 541 | S.D. | 1921
Habeas corpus upon the petition of Herman C. Nannestad to determine the custody of Adolph Melvin Nannestad, his son, aged 7 years.
Mary Nannestad, plaintiffs wife, mother of Adolph, was a daughter of a sister of Olaus O. Nannestad, one of the defendants herein; their home was on a farm in Deuel county owned by plaintiff The family of plaintiff consisted of his said wife, his daughter Clara, and his mother, aged about 80 years. Defendant Olaus O. Nannestad, his wife, Sina, and five children, ranging from 14 to 21 years of age, lived on a farm owned by him, about 2,yi miles from plaintiffs farm. An intimate friendship had existed between the two families for many years. After the birth of Adolph, his. mother became very ill, and, at her request,
The trial court also found, and we think upon sufficient evidence, that for more than 7 years last past the plaintiff had been afflicted with pulmonary tuberculosis, is in poor health, and is not physically strong enough for ordinary farm; work; that the plaintiff’s family consists of himself and his daughter Clara, now 9 years old; that plaintiff from time to time has hired a housekeper, and has no one else to care for said minor, and that to place said infant in plaintiff’s home would be exposing him to the danger of becoming afflicted with tuberculosis.
“Parental and filial relations are too sacred and delicate to be ignored, and ought only to be disturbed when it is shown that the well-being of the child plainly requires it.”
And in Haglund v. Egge, 41 S. D. 433, 171 N. W. 212,
The judgment of the trial court is affirmed.