THOMAS v. CHILDREN'S AID SOCIETY OF OGDEN

No. 9419.

12 Utah 2d 235 (1961)

364 P.2d 1029

JAMES N. THOMAS AND KATHLEEN McMURTREY THOMAS, PLAINTIFFS AND APPELLANTS, v. CHILDREN'S AID SOCIETY OF OGDEN, A CORPORATION, DEFENDANT AND RESPONDENT.

Supreme Court of Utah.

September 7, 1961.


Attorney(s) appearing for the Case

D.H. Oliver, Salt Lake City, for appellant.

Young, Thatcher & Glasmann, Ogden, for respondent.


CALLISTER, Justice.

Plaintiffs sought a writ of habeas corpus to obtain custody of their infant daughter. Upon conclusion of a hearing thereon, the lower court denied their petition and plaintiffs appeal. Defendant cross-appeals from an order disallowing certain costs.

On April 13, 1959, Kathleen McMurtrey, a white girl of 24 years, gave birth to the female child in question. She was unwed at the time, but it is conceded that the plaintiff James N. Thomas...

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