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FOSTER PARENTS WIN A SUITLong Legal Battle Over Two Children Decided by tho Supreme Court.Tho now noted Schroeder-Filbert case,whioh has twice been in tho supremo court, was again decided by that court Wednesday. The suit was begun by James It. Filbert for possession of bis two little children, who have for yearslived with Mr and Mrs. Fred Schroe-der at Cedar Creek, Cass county, Mrs. Schroeder being the step mother of the children’s deceased mother. The opinion handed down yesterday reverses and dismisses tho case, thus giving the fosterof theparents undisputed possession children. The story of this suit, which has been repeatedly published, is one full of sorrow and heartaches for allconcerned, and the timeworn tilings in the supreme court contain pictures of the two little ones over which there hasiieon so much trouble, together with photographs of the home of their foster parents and a big flouring mill, also owned by tho foster parents.The principals in the case were first heard of when Filbert was owner andpublished a little newspaper at Kene-saw. Neb. Criminal intimacy between the wife and E. N. Crane was chargedby Filbert, and with her alleged confession in his possession a separation ensued. Mrs. Filbert went from place to place and finally died in a town in Kansas from the result of an operation which she attempted to perform. The children, Florence A. and Angela C., now seven and six years oid respectively, were separated, but were finally iken care of by Mr. and Mrs. Schroeder, where they have lived ever since very contentedly.The father soon attempted to get them under his care and Judge Chapman entertained a habeas corpus case, transferring the children to tho father at such time as he might le able to show that he could properly maintain them. Recently Filbert appeared in Cass county and made a showing, claiming that he had married again, was practicing Jaw in Indiana and was abundantly able tomaiutain and educate the children. Tho writ of habeas corpus was granted and the childred ordered transferred to the father.Judge Ambrose then hearing the case, issued the decree so that a stay of ten days was granted, and the foster parents immediately took the case to thethe childrensupreme court on error, never leaving the home of the aged couple. The syllabus of the opinion rendered yesterday is as follows:Schroeder et al. vs. State ex rel. Filbert. Error from Cass countv. Re-Error from Cass county, versed and dismissed.Opinion by Commissioner Ragan.In a controversy for the custody of an infant of tender years the court will considor the best interests of the childand will make such order for its custody as will bo for its welfare without reference to tho wishes of tho parties. Sturtevant et al. vs. State, etc., 15 Neb., 459; Giles vs. Giles, 80 Neb., 624; State ex rel. vs. Schroeder, 57 Northwestern Reporter, 307, approved and followed.2. The right to the custody of an infant child which the law confers upon its father is not for tho benefit of thofather, but for the benefit of the child; and this right of custody is conferred on tho father, because the law presumes that he will avail himself of the child’scustody for its benelit; but ho may forfeit his right to the custody of the child by abandonment.Decisions of the Court.Rloedel et al. vs. Zimmerman et al.TJ____ £_________J
Newspaper Details
Lincoln Semi Weekly State Journal
Lincoln, Nebraska, US
Fri, Sep 21, 1894
Page 6
Full Page
Clipped by
Anonymous
MT, USA 23 Apr 2022
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