New York Foundling Hospital v. Gatti
Supreme Court of the United States
APPEAL PROM THE SUPREME COURT OP THE TERRITORY OP ARIZONA. The facts are stated in the opinion. The order is appealable. By § 1909, Rev. Stat., writs of error and appeal ■ are allowed to the Supreme Court of the United States, upon writs of habeas corpus involving the question of personal freedom.
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APPEAL PROM THE SUPREME COURT OP THE TERRITORY OP ARIZONA. The facts are stated in the opinion. The order is appealable. By § 1909, Rev. Stat., writs of error and appeal ■ are allowed to the Supreme Court of the United States, upon writs of habeas corpus involving the question of personal freedom. Gonzales v. Cunningham, 164 U, S. 612; Cross v. Burke, 146 U. S. 82. This right was not taken away by the Circuit- Court of Appeals act, 26 Stat. 830, § 15; Shute v. Keyser, 149 U. S. V549; Folsom v.' Unfted States, 160 U. S. 121. The State of New York, in its capacity of parens patrice, has an…
1Opinion of the CourtJustice Day
The suit below was begun by a petition for a writ of habeas corpus, by the New York Foundling Hospital, a corporation of the State of New York, against John C. Gatti, to command said Gatti to produce- the body of one William Norton, an infant, and to show by what right he ^held such infant under his custody and control.
The ’ petitioner set out in substance that, by its charter granted by the legislature of New York, it was authorized to receive and keep under its charge, custody and control children of the age of- two years or under, found in the city of New York, abandoned or deserted, and…
2Cases cited4 opinions
- In Re BurrusSupreme Court of the United States · 1890
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- Gonzales v. CunninghamSupreme Court of the United States · 1896
- New York Foundling Hospital v. NortonArizona Supreme Court · 1905
3Cited by34 opinions
- Commonwealth Ex Rel. Children's Aid Society v. GardSupreme Court of Pennsylvania · 1949
- Helton v. CrawleySupreme Court of Iowa · 1950
- People Ex Rel. Riesner v. New York Nursery & Child's HospitalNew York Court of Appeals · 1920
- State ex rel. Jones v. WestTennessee Supreme Court · 1918
- Lipscomb v. SimmonsCourt of Appeals for the Ninth Circuit · 1992
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