People Ex Rel. Kuhn v. Protestant Episcopal House of Mercy
New York Court of Appeals
Appeal from order of tlie General Term of the Supreme Court in the first judicial department, made Movember 13, 1891, which affirmed an order of Special Term, directing the release and discharge of Josephine Kuhn from the custody of the defendant, and also affirmed an order of Special Term, overruling a demurrer interposed by defendant to the traverse to the return to the writ of habeas corpus issued herein. The facts, so far as material, are stated in the opinion.
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Appeal from order of tlie General Term of the Supreme Court in the first judicial department, made Movember 13, 1891, which affirmed an order of Special Term, directing the release and discharge of Josephine Kuhn from the custody of the defendant, and also affirmed an order of Special Term, overruling a demurrer interposed by defendant to the traverse to the return to the writ of habeas corpus issued herein. The facts, so far as material, are stated in the opinion. The commitment was a final judgment under the Habeas Corpus Act (§ 2016, Code of Civil Procedure), and conclusive as to the…
1Opinion of the CourtMaynard, J.
The relator’s daughter was, upon his application, committed by a police justice in Xew York city, January 13,1889, to the custody of the appellant during her minority, unless sooner discharged by the trustees or managers, under chapter 353 of the Laws of 1886, which amended section 1466 of the Consolidation Act.
The commitment recited that it had -been proven to the satisfaction of the magistrate by competent testimony, and by the confession of the daughter, that she was then of the age of seventeen years and had been found associating with vicious and dissolute persons and was willfully…
2Cases cited4 opinions
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- People Ex Rel. Van Riper v. New York Catholic ProtectoryNew York Court of Appeals · 1887
- In re BakerNew York Supreme Court · 1855
- People ex rel. Roddy v. New York Juvenile AsylumNew York Supreme Court · 1860
3Cited by15 opinions
- People Ex Rel. Riesner v. New York Nursery & Child's HospitalNew York Court of Appeals · 1920
- People ex rel. Farley v. CraneAppellate Division of the Supreme Court of the State of New York · 1904
- People ex rel. Hubert v. KaiserAppellate Division of the Supreme Court of the State of New York · 1912
- People ex rel. St. Clair v. DavisAppellate Division of the Supreme Court of the State of New York · 1911
- Cohen v. Warden of WorkhouseNew York Supreme Court · 1913
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