Legal Opinion

People ex rel. Keator v. Moss

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 19 opinions

Appeal by Theodore Moss from an order of the Supreme Court, made at the Rew York Special Term and entered in' the office of the clerk of the county of Rew York on the 1st day of February, 1896, directing a reference to take testimony upon tbp return to a writ of habeas corpus.

1Opinion of the Court

Rumsey, J.:

This is a proceeding to determine the right to the custody of the two children of the relator. It was commenced by habeas corpus. A return was made which set up a former adjudication on the subject, made by the Superior Court some three years before the present proceeding was begun. To that return a traverse was filed, and some further proceedings were had which will he referred to subsequently. Thereupon the order appealed from was made, which was, substantially, that the matter was referred to a referee, with directions to take the testimony and report the same to. the judge who…

2Cases cited2 opinions

  1. Mercein v. People ex rel. BarryNew York Supreme Court · 1840
  2. People ex rel. Barry v. MerceinNew York Court of Chancery · 1839

3Cited by19 opinions

  1. Matter of LeeNew York Court of Appeals · 1917
  2. In re StandishAppellate Division of the Supreme Court of the State of New York · 1921
  3. People v. DeweyNew York Supreme Court · 1898
  4. People Ex Rel. Woodbury v. . HendrickNew York Court of Appeals · 1915
  5. People ex rel. Bungart v. WellsAppellate Division of the Supreme Court of the State of New York · 1901

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