People ex rel. Van Riper v. N. Y. Catholic Protectory
New York Supreme Court
I. Special Term; January, 1887. Petition- for writs of habeas corpus and certiomri by Elizabeth Van Riper, directed to The New York Catholic Protectory, to compel respondent to produce the body of Florence Van Riper, the child of the relator, and to certify the cause of her detention by the respondent.
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I. Special Term; January, 1887. Petition- for writs of habeas corpus and certiomri by Elizabeth Van Riper, directed to The New York Catholic Protectory, to compel respondent to produce the body of Florence Van Riper, the child of the relator, and to certify the cause of her detention by the respondent. In response to the writs, the respondent returned a commitment of a police justice of the city of New York in proceedings under Penal Code, § 291.* The substance of the commitment appears in the opinion of the general term. The relator traversed the return, alleging facts which are also stated…
1Opinion of the CourtVan Brunt, J.
The child referred to in the proceedings in this matter is detained because of a commitment by a police magistrate alleging that the child was improperly exposed and neglected, and wandering in the public park without any proper guardianship, and that the child was found in the company of one Mary Ryan, who is a reputed prostitute, in violation of the provisions of the Penal Code.
No evidence is returned, and the demurrer to the traverse admits that the father of the child, with whom the child lived, and under whose guardianship she was, had no notice of the proceedings affecting his child.
The…
2Cited by2 opinions
- In re MaloneyNew York Supreme Court · 1888
- People ex rel. James v. New York SocietyNew York Supreme Court · 1897