ELLIS v. SOCIAL SERVICES DEPT., ETC.

No. 16881.

615 P.2d 1250 (1980)

Ronald D. ELLIS, Plaintiff and Appellant, v. SOCIAL SERVICES DEPARTMENT OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, L.D.S. Social Services and C____ B____, Defendants and Respondents.

Supreme Court of Utah.

July 28, 1980.


Attorney(s) appearing for the Case

William A. Stegall, Jr. of Dart & Stegall, Salt Lake City, for plaintiff and appellant.

Allen M. Swan and J. Douglas Mitchell, Salt Lake City, for defendants and respondents.


HALL, Justice:

Plaintiff appeals the dismissal of his amended complaint for writ of habeas corpus whereby he had sought a determination that his illegitimate child was being "illegally restrained" and that he, the putative father, be awarded custody. Inasmuch as no evidence was taken below, there is no evidentiary record before the Court and the allegations of the verified complaint must be considered true for purposes of this appeal.1

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