People v. Landt
New York Supreme Court
AN habeas corpus had been issued, directed to the defendant, commanding him to bring up the body, of a female child, name Cornetie Harder. The child was now , ■ . . • nr, , • , , brought into court.
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AN habeas corpus had been issued, directed to the defendant, commanding him to bring up the body, of a female child, name Cornetie Harder. The child was now , ■ . . • nr, , • , , brought into court. From-the return it appeared, that it was the illegitimate, daughter of Maria Brower, now the wife of the defendant: that in 17,99 one Harder, the father of the putative father, then an infant, entered into an agreement with one 'Brower the father of the child’s , , - . . mother, by which it was agreed, that all suits concerning the child and its maintenance should cease, and that Brower should…
1Per curiam
The only question before the court is, who has the right to the custody of the child. In the case of illegitimate children, and especially as to females, the mother appears to us to be the best entitled to the custody of them; but this right is not of such a nature as to *376]7i-event the court froiri interfering to take the infant from the custody of its mother, under special circumstances of ill treatment. In the present case, the evidence of ill treatment has been so far obviated by the affidavits which have been read on the part of the .defendant, that we do not think it necessary to…
2Cited by14 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Robalina v. ArmstrongNew York Supreme Court · 1852
- In re NormanNew York Supreme Court · 1960
- Flint v. PierceNew York Supreme Court · 1912
- Friesner v. SymondsNew Jersey Superior Court Appellate Division · 1890
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