People Ex Rel. Pruyne v. . Walts
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made January 10, 1888, which affirmed an order made by Mr. Justice Kennedy at Chambers, dismissing a writ of habeas corpus, “without prejudice to future proceedings.” The relator was the testamentary guardian of Terzah G. Bigelow, the infant daughter of Lyman E. and Melitta H. Bigelow, who, at the commencement of these proceedings, was between seven and eight years of age.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made January 10, 1888, which affirmed an order made by Mr. Justice Kennedy at Chambers, dismissing a writ of habeas corpus, “without prejudice to future proceedings.” The relator was the testamentary guardian of Terzah G. Bigelow, the infant daughter of Lyman E. and Melitta H. Bigelow, who, at the commencement of these proceedings, was between seven and eight years of age. In September, 1883, Mrs. Bigelow left her husband, taking her daughter with her, and went to the house of her father, where she…
1Opinion of the CourtBrown, J.
Tliis case is very similar in its facts to In re Welch (74 N. Y. 299). There, as here, the contest was-between the testamentary guardian appointed by the will of the father and those to whose custody the mother had com-mitted the child. There, as here, the Special Term dismissed; the writ, without prejudice to further proceedings, for reasons; affecting the health and welfare of the child. This court dismissed the appeal, holding that such reasons justified the withholding the custody of the child from its legal guardian, and that the matter was one so purely within the discretion of the…
2Cases cited8 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- People ex rel. Barry v. MerceinNew York Court of Chancery · 1839
- Wilcox v. . WilcoxNew York Court of Appeals · 1856
- Matter of WelchNew York Court of Appeals · 1878
- In re WaldronNew York Supreme Court · 1816
3 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- People ex rel. Kropp v. ShepskyNew York Court of Appeals · 1953
- Wear v. WearSupreme Court of Kansas · 1930
- Matter of KnowackNew York Court of Appeals · 1899
- Matter of LeeNew York Court of Appeals · 1917
- People Ex Rel. Riesner v. New York Nursery & Child's HospitalNew York Court of Appeals · 1920
45 more not listed; retrieve them via the Exa API.