54 Iowa 373 | Iowa | 1880
The result was that they separated on the 27th day of April, 1879, although the defendant was willing to remain with his wife and provide for her. Since then the defendant has tried to induce his wife to live with him, but she has refused. At the time of their separation, the infant, Lena L., was three and one-half months old.
After their separation, the defendant, through an attorney, made arrangements for seeing the child at the house of this relator’s brother, James Dicker, having given positive assurances that he would not take the child away. Under this arrangement the defendant saw the child at Dicker’s four times.
On the 27th of February, being left alone with the child, he carried it away to Keokuk, where he now lives with this mother and sister. On the 16th day of March, this proceeding was instituted. The relator is able to provide for the infant, and she is not shown to be an improper person to have its custody. Under the circumstances, the judge did not err in awarding the custody of the child to her mother. The defendant obtained possession of the child stealthily, and in
It needs no argument to show that the best interests of an unweaned infant, fifteen months old, ordinarily require that it shall remain in the custody of its mother.
Suppose an order for discharge made within six months of the term of court to which the appeal should go, the defendant would not be obliged to appeal that term, so that almost a year might elapse before the submission of the case in the Supreme Court.
Section 3186 of the Code provides for the filing of a bond to stay proceedings upon a judgment or order. "When an order for discharge is made under a writ of habeas corpus,
In Thompson v. Oglesby, 42 Iowa, 598, a supersedeas was filed, but its effect was not determined. The judgment upon plaintiff’s appeal is
Reversed.
Upon the defendant’s appeal it is
Affirmed.