In re Maloney
New York Supreme Court
At chambers. Demurrer to traverse of return to writ of habeas corpus. Writs of habeas corpus and certiorari issued to the Sisters of St. Dominick, a corporation, for the discharge of James Maloney from the asylum under its charge. The return to the writs showed that the petitioner was held by virtue of a commitment to the asylum by one of the police justices of Hew York city, under Pen.
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At chambers. Demurrer to traverse of return to writ of habeas corpus. Writs of habeas corpus and certiorari issued to the Sisters of St. Dominick, a corporation, for the discharge of James Maloney from the asylum under its charge. The return to the writs showed that the petitioner was held by virtue of a commitment to the asylum by one of the police justices of Hew York city, under Pen. Code, § 291, as a child under 16 years, who was found not having any home or proper guardianship, and destitute of means of support. The return was traversed by an affidavit of Margaret Heery, denying that the…
1Opinion of the CourtBarrett, J.
The fact that the child had a guardian could readily have been ascertained by a proper investigation, probably by interrogating the child himself. At all events, there was such a guardian, and the question is whether notice of some kind should not have been given. The spirit of all *248the acts and decisions upon this subject favors the conclusion that such notice should have been given. I find provision for it in section 291 of the Penal Code, as amended in 1886 and 1888, and in the consolidation act of 1882, §§ 1594-1632. The cases, too, seem to recognize the necessity for such notice. Van Heck…
2Cases cited3 opinions
- People Ex Rel. Van Riper v. New York Catholic ProtectoryNew York Court of Appeals · 1887
- People Ex Rel. Heck v. New York Catholic ProtectoryNew York Court of Appeals · 1886
- People ex rel. Van Riper v. N. Y. Catholic ProtectoryNew York Supreme Court · 1887