Legal Opinion

Mahon v. People ex rel. Robertson

Illinois Supreme Court

Decided October 24, 1905PublishedCited by 18 opinions

Writ of Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Lockwood Honore, Judge, presiding.

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Writ of Error to the Branch Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Lockwood Honore, Judge, presiding. This was a petition for a writ of habeas corpus, filed in the circuit court of Cook county by Margaret Robertson, as the next friend of Emelie Wallace Robertson, a female child six years of age, against Minnie S. Mahon and Thomas Mahon, in whose custody the child had been since it was two months of age, for the purpose of gaining the possession of the person of said child, to the end that said Margaret Robertson…

1Opinion of the CourtJustice Hand

A motion has been made in this court to dismiss the writ on the ground that the court is without jurisdiction to hear and determine this case, which motion has been reserved, to the hearing, and two grounds are relied upon in support of said motion: (1) That the appeal from the circuit court of Cook county to the Appellate Court was improvidently taken and that the writ of error from this court to the Appellate Court was improperly sued out, as, it is said, the order of the circuit court disposing of the custody of said child -cannot be reviewed by appeal or writ of error; (2) that said…

2Cases cited3 opinions

  1. United States v. Wong Kim ArkSupreme Court of the United States · 1898
  2. Cormack v. MarshallIllinois Supreme Court · 1904
  3. McIntyre v. SholtyIllinois Supreme Court · 1891

3Cited by18 opinions

  1. Giacopelli v. Florence Crittenton HomeIllinois Supreme Court · 1959
  2. Bleakley v. BarclaySupreme Court of Kansas · 1907
  3. Pugh v. PughWest Virginia Supreme Court · 1949
  4. Petition of KirchnerIllinois Supreme Court · 1995
  5. Sullivan v. People ex rel. HeeneyIllinois Supreme Court · 1906

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