Kelley
Massachusetts Supreme Judicial Court
Petition, filed September 6,1889, for a writ of babeas corpus to the State Board of Lunacy and Charity. The petition alleged that three minor children of the petitioner were restrained of their liberty by such board, by virtue of a warrant issued by the Superior Court; that any cause for depriving him of the care, society, and assistance of such minor children, which existed at the date named in such warrant, had ceased to exist; that he was now able to give them full and…
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Petition, filed September 6,1889, for a writ of babeas corpus to the State Board of Lunacy and Charity. The petition alleged that three minor children of the petitioner were restrained of their liberty by such board, by virtue of a warrant issued by the Superior Court; that any cause for depriving him of the care, society, and assistance of such minor children, which existed at the date named in such warrant, had ceased to exist; that he was now able to give them full and proper support, and was competent and fit to have the care and education of such children ; and that their welfare would…
1Opinion of the CourtW. Allen, J.
The St. of 1882, c. 181, § 3, under which the commitment was made, was construed in Farnham v. Pierce, 141 Mass. 203, which was a case in all material facts like the case at bar. The statute was intended to provide proper custody for children under fourteen years of age, who, from the neglect of their parents, or for other causes named, were in need of proper *434parental care. It was not intended to change the status of the child, or to adjudicate upon the right of the parent to its custody. The custodian was authorized to discharge the child from custody when the object of its commitment should…
2Cases cited2 opinions
- Farnham v. PierceMassachusetts Supreme Judicial Court · 1886
- Bardwell v. PurringtonMassachusetts Supreme Judicial Court · 1871
3Cited by13 opinions
- Mill v. BrownUtah Supreme Court · 1907
- In re a Writ of Habeas Corpus for SharpIdaho Supreme Court · 1908
- Wissenburg v. BradleySupreme Court of Iowa · 1929
- Lacher v. VenusWisconsin Supreme Court · 1922
- Weber v. DoustWashington Supreme Court · 1915
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