Legal Opinion
Marx v. Holloran
Appellate Division of the Supreme Court of the State of New York
Decided June 15, 1931PublishedCited by 3 opinions
1Opinion of the Court
Motion for order of prohibition denied, without costs. (1) The court was not without jurisdiction of the habeas corpus proceeding. The custody of children, except when adjudged as an incident to an action for divorce or separation, is to be determined in a habeas corpus proceeding. (Dom. Rel. Law, § 70;* Finlay v. Finlay, 240 N. Y. 429, 431; People ex rel. McCanliss v. McCanliss, 255 id. 456, 462.) (2) The existence of a court order temporarily passing upon the custody of children is not a bar to the right of a parent to a writ of habeas corpus to have that custody passed upon. (People ex…
2Cases cited3 opinions
- Finlay v. FinlayNew York Court of Appeals · 1925
- People ex rel. Livingston v. WyattNew York Court of Appeals · 1906
- People Ex Rel. Riesner v. New York Nursery & Child's HospitalNew York Court of Appeals · 1920
3Cited by3 opinions
- People ex rel. Kropp v. ShepskyNew York Court of Appeals · 1953
- Roberts v. County Court of Wyoming CountyNew York Court of Appeals · 1974
- In re BurdeAppellate Division of the Supreme Court of the State of New York · 1959