Wares
Massachusetts Supreme Judicial Court
Petition, filed on November 17, 1893, for a writ of habeas corpus to the Commissioners of Public Institutions of the City of Boston. Hearing before Lathrop, J., who, at the request of the petitioner, adjouz’ned the case into the full court, and reported it to that court for its determination on an agreed statement of facts, in substance as follows.
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Petition, filed on November 17, 1893, for a writ of habeas corpus to the Commissioners of Public Institutions of the City of Boston. Hearing before Lathrop, J., who, at the request of the petitioner, adjouz’ned the case into the full court, and reported it to that court for its determination on an agreed statement of facts, in substance as follows. The petitioner is the mother, surviving parent, and duly appointed guardian of ,Mary Wares, a minor, for whose custody the petition is brought. The child was committed to the custody of the Commissioners of Public Institutions of the City of…
1Opinion of the CourtMorton, J.
The question presented in this case is different from that which arose in Farnham v. Pierce, 141 Mass. 203, or Kelley, petitioner, 152 Mass. 432. In the former case it was whether the rights of the father, who had had no opportunity to be heard, were concluded by the findings of the district court, so that he could not be allowed to show that the object of the commitment had been accomplished. In the latter case, it was whether the mere fact, which was set up in the answer of the Board of Lunacy and Charity, that in its judgment the object of the commitment had not been accomplished, deprived…
2Cases cited4 opinions
- City of Salem v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
- Farnham v. PierceMassachusetts Supreme Judicial Court · 1886
- Train v. Boston Disinfecting Co.Massachusetts Supreme Judicial Court · 1887
- KelleyMassachusetts Supreme Judicial Court · 1890
3Cited by11 opinions
- Purinton v. JamrockMassachusetts Supreme Judicial Court · 1907
- Commonwealth v. SissonMassachusetts Supreme Judicial Court · 1905
- DowdellMassachusetts Supreme Judicial Court · 1897
- People ex rel. Peabody v. ChanlerAppellate Division of the Supreme Court of the State of New York · 1909
- In re ClarkSupreme Court of Kansas · 1912
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