In re the Habeas Corpus of Barnett
New York Supreme Court
Appeal from an order allowing costs to the relator. On the application of Eugenie Barber Barnett, the mother of a bastard child named George Samuel Barnett, the Supreme Court granted a writ of habeas corpus to obtain possession of said child from David Barnett, its putative father. Return was made charging gross improprieties on the part of the petitioner, to which a traverse was filed denying the charges, and making counter-charges against respondent.
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Appeal from an order allowing costs to the relator. On the application of Eugenie Barber Barnett, the mother of a bastard child named George Samuel Barnett, the Supreme Court granted a writ of habeas corpus to obtain possession of said child from David Barnett, its putative father. Return was made charging gross improprieties on the part of the petitioner, to which a traverse was filed denying the charges, and making counter-charges against respondent. The issues thus joined were referred to William Sinclair, Esq., who reported in favor of the petitioner, and awarded the custody of said child…
1Opinion of the Court
Beady, J.:
The question presented by this appeal is, whether the petitioner is entitled to costs because, as is insisted, this is a special proceeding, and, therefore, within the provisions of the act of the legislature passed in 1854 (Laws 1854, p. 593, chap. 270, § 3), which declared that costs may be allowed, in the discretion of the court, in special proceedings, and, where so allowed, shall be at the rate allowed for similar proceedings in civil actions. The learned justice who disposed of this matter thought costs should be awarded the petitioner and allowed them. The respondent below…
2Cases cited4 opinions
- Rensselaer Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1873
- People ex rel. Clute v. BoardmanNew York Court of Appeals · 1868
- People ex rel. Van Rensselaer v. Van AlstyneNew York Court of Appeals · 1866
- In re the Extension of BoweryNew York Supreme Court · 1856