In re Mather
Appellate Division of the Supreme Court of the State of New York
' Arpead by Harry B. Mather from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of July, 1910, sustaining a writ of habeas corpus and awarding t.he custody of an infant child to the petitioner.
1Opinion of the Court
Per Curiam :
The relator applied to a justice of the Supreme Court for a writ of habeas corpus under section 70 of the Domestic Relations Law (Consol. Laws, chap. 14; Laws of 1909, chap. 19). That section provides that a husband or wife, being an inhabitant of this State, living in a state of separation, without being divorced, who has a minor child, may apply to the Supreme Court for a writ of habeas corpus to have such minor child brought before such court; and on the return thereof, the court, on due consideration, may award the charge and custody of such child to either parent for such…
2Cases cited1 opinion
- People ex rel. Keator v. MossAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- People ex rel. Jiranek v. UpdikeAppellate Division of the Supreme Court of the State of New York · 1944
- In re MatherAppellate Division of the Supreme Court of the State of New York · 1910