Matter of Welch
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, dismissing a writ of habeas corpus and denying the application of petitioners for the custody of George M. Welch, an infant under the age of fourteen years. Said infant was the son of John D. Welch, jr. and Kate Welch, his wife. On the 21st day of April, 1874, said John D. Welch, jr., died, leaving his widow and infant son him surviving.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term, dismissing a writ of habeas corpus and denying the application of petitioners for the custody of George M. Welch, an infant under the age of fourteen years. Said infant was the son of John D. Welch, jr. and Kate Welch, his wife. On the 21st day of April, 1874, said John D. Welch, jr., died, leaving his widow and infant son him surviving. About fourteen months previous to the happening of that event, his wife voluntarily left him because of a disagreement between…
1Opinion of the CourtRapallo, J.
The order appealed. from affects only the temporary custody of the infant, who is of tender years, and . is declared to be without prejudice to any future application by the petitioners for such custody. It does not determine the question of legal right, or of the validity of the appointment of the petitioners as guardians but as appears from the opinions was based upon considerations affecting the health and welfare of the child which in the judgment of the court below rendered it expedient to leave it temporarily in the custody of the aunt, to whose care it was committed by the mother. Such…
2Cited by33 opinions
- Bunim v. BunimNew York Court of Appeals · 1949
- Matter of KnowackNew York Court of Appeals · 1899
- People Ex Rel. Pruyne v. . WaltsNew York Court of Appeals · 1890
- Matter of LeeNew York Court of Appeals · 1917
- People Ex Rel. Riesner v. New York Nursery & Child's HospitalNew York Court of Appeals · 1920
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