In Re Marmaduke

Pursuant to the issuance of a writ of habeas corpus herein, a return was filed by the respondent in which not only the facts set forth in the petition for the writ were controverted, but as well other facts were alleged which found ample support in the evidence taken in a proceeding in the juvenile court wherein the case of the minor child of petitioner was heard, and whose order in the premises is made one of the objects of attack by petitioner.

On the return day of the writ, it appearing that certain issues of fact were involved and which prior to reaching a conclusion regarding the merits of the writ, would require determination, petitioner by his attorney, in open court, admitted that he had no witnesses by whom he might establish either the truth of the allegations contained in his petition, or controvert the statement of facts set forth in the return to the writ; and thereupon stipulated that for the purpose of deciding the matter then before the court, the alleged facts contained in the petition might be disregarded, and that those set forth in the return to the writ, together with such facts as appeared in the transcript of the evidence received by the juvenile court, and…