People ex rel. Lentino v. Feser
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles G. Feser and another, from an order of the Supreme Court, made at the Bronx Special Term and entered in the office of the clerk of the county of Bronx on the 12th day of June, 1920, sustaining a writ of habeas corpus and awarding the custody of Louise Phillips, otherwise known as Marie Feser, who is five years of age, to the relator, and declaring null and void an order of the Surrogate’s Court of Bronx county permitting the respondents to…
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Appeal by the defendants, Charles G. Feser and another, from an order of the Supreme Court, made at the Bronx Special Term and entered in the office of the clerk of the county of Bronx on the 12th day of June, 1920, sustaining a writ of habeas corpus and awarding the custody of Louise Phillips, otherwise known as Marie Feser, who is five years of age, to the relator, and declaring null and void an order of the Surrogate’s Court of Bronx county permitting the respondents to adopt said child and to have her care and custody.
1Opinion of the Court
Laughlin, J.:
The points presented by the appeal concern the right to the custody of the child as between the mother, who is the relator, and the respondents to whom she voluntarily delivered the child on the understanding and agreement, evidenced by a letter signed by her at a time when she was unable properly to care for the child, that they were to have the custody of the child and the right to bring her up as their own, the validity and effect of an order of adoption subsequently procured by them without actual or constructive notice to the mother, and whether it is for the best interests…
2Cases cited9 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- In re LivingstonAppellate Division of the Supreme Court of the State of New York · 1912
- United States Trust Co. v. HoytAppellate Division of the Supreme Court of the State of New York · 1912
- Modern Loan Co. v. Police CourtCalifornia Court of Appeal · 1910
- In re the Proceedings for the Adoption of JohnstonNew York Surrogate's Court · 1912
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Dewitt v. BrooksTexas Supreme Court · 1944
- Carpenter v. ForsheeCourt of Appeals of Georgia · 1961
- In re the Adoption of DavisNew York Surrogate's Court · 1932
- Estate of SmithCalifornia Court of Appeal · 1948
- Estate of HamptonCalifornia Court of Appeal · 1942
17 more not listed; retrieve them via the Exa API.