In re Hunt
California Supreme Court
Application to the Supreme Court 'by Henry Hunt for a writ of habeas corpus, in behalf of Henry Hunt and Lizzie Hunt, his minor children.
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Application to the Supreme Court 'by Henry Hunt for a writ of habeas corpus, in behalf of Henry Hunt and Lizzie Hunt, his minor children. On the 9th of June, 1894, Frank J. Kane, superintendent of the Youths’ Directory on Howard street, San Francisco, petitioned the Superior Court of the City and County of San Francisco to be appointed guardian of the persons of the minor children of Henry and Annie Hunt, upon an allegation that the parents were persons of intemperate habits, and not fit to have the custody of their children. The court made an order on that date, without the appearance or…
1Opinion of the Court
The Court.
The children above named having been brought before the court by writ of habeas corpus, and the court being fully advised as to the matter, it is hereby ordered that said minor children be discharged from the custody of Frank Kane, and restored to the custody of the petitioner.
The father and mother, being the natural guardians of a child, can be deprived of the custody of its person only by a proceeding under section 203 of the Civil Code.
The proceeding by which the superior court has committed these children to the custody of a stranger is wholly unauthorized.
2Cited by4 opinions
- Estate of Tetsubumi YanoCalifornia Supreme Court · 1922
- In Re LundbergCalifornia Supreme Court · 1904
- People v. SchlottCalifornia Supreme Court · 1912
- State of California v. Superior CourtCalifornia Court of Appeal · 1978