In Re Goeppner

The petitioner sues for a writ of habeas corpus to recover the custody and possession of her minor child, Audrey Madeline Goeppner. In her petition she alleges that the child is illegally and forcibly detained by one Adeline Howat; that the petitioner is the natural mother of said child, which was born out of wedlock; that she has at no time abandoned the child, but that, at all times, except when prevented by said Adeline Howat, said child has been in the actual care, custody, and control of the petitioner.

A return to the writ issued herein has been filed by the person who has the present custody of the child, and who will hereafter be referred to as the respondent. This return reads in part as follows: “Comes now Adelaine Howat, also known as Adelaine Howard, and makes this return.” None of the allegations of the petition are denied, but it is alleged that on March 25, 1924, Adelaine Howat, also known as Adelaine Howard, duly adopted the child by proceedings in the superior court for that purpose. A copy of these proceedings was not attached to the return as required by section 1480 of the Penal Code, but the original proceedings were exhibited at the time of the oral…