People ex rel. Billotti v. New York Juvenile Asylum
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Hew York Juvenile Asylum, from a final order of the Supreme Court, made in a habeas corpus proceeding at the Hew York Special Term, and entered' in the office of the clerk of the county of Hew York on the 29th day of June,. 1900, directing the defendant to restore to the relator the custody of his children.
1Opinion of the Court
Bumsey, J.:
We are not at all in doubt as to the rules of law applicable to cases of this kind, and there is no division of opinion in the court as to those rules. If the defendant in proceedings for a writ of habeas corpus has the custody or control of the person whose release is sought, so that it is possible, for him to obey the order of the court *384with respect to that person, the court has jurisdiction not only to issue the writ, but to make a determination in the matter and to require the delivery of such person; and this can be done, although it appears* that the person whose release is…
2Cases cited1 opinion
- In re JacksonMichigan Supreme Court · 1867
3Cited by21 opinions
- Ex Parte EndoSupreme Court of the United States · 1945
- White v. WhiteSupreme Court of New Hampshire · 1913
- Eisentrager v. ForrestalCourt of Appeals for the D.C. Circuit · 1949
- Huffman v. GriffinMississippi Supreme Court · 1976
- Swigart v. SwigartSuperior Court of Pennsylvania · 1960
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