People ex rel. Tappan v. Porter
The Superior Court of New York City
This was .a proceeding upon a habeas corpus, before Mr. Justice Dube. The object of the. writ was to deliver an infant, aged about nine years, named Jane Trainer, from an illegal detention and. restraint, in which it was alleged that she was held by the respondent, to whom the writ was directed.
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This was .a proceeding upon a habeas corpus, before Mr. Justice Dube. The object of the. writ was to deliver an infant, aged about nine years, named Jane Trainer, from an illegal detention and. restraint, in which it was alleged that she was held by the respondent, to whom the writ was directed. It was founded upon a petition, sworn to by Lewis Tappan, claiming to be the agent of the father of the child, Charles W. Trainer, and was allowed upon the 18th May, 1853.* On the 23d of May the child was bought before the judge, and the respondent filed a sworn return to the writ, alleging, inter…
1Opinion of the Court
On the 28th, the J udge delivered the following opinion :
Dube, J.
Having dismissed as groundless the original charge of kidnapping, this case is now before me solely upon the petition of the father, by his agent, Hr. Tappan, and the relief which is now sought is a compulsory order for the delivery of the child, Jane Trainer, into his custody. The first and by far the most important question to be determined is, whether my jurisdiction, which is precisely the same as that conferred by statute on Supreme Court Commissioners, extends so far as to enable me to make the order that is required ;.and…
2Cases cited2 opinions
- People ex rel. Nickerson v.New York Supreme Court · 1837
- Bryan v. United StatesSupreme Court of the United States · 1862
3Cited by10 opinions
- Barker v. . WashburnNew York Court of Appeals · 1911
- In re CrowWisconsin Supreme Court · 1884
- People ex rel. Bungart v. WellsAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Wilcox v. WilcoxNew York Supreme Court · 1854
- People ex rel. Olmstead v. OlmsteadNew York Supreme Court · 1857
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