People Ex Rel. Filipkowski v. Gusterine

Petitioners sought by writ of habeas corpus in the Superior Court to regain custody of their minor son whom they had turned over to respondents for the purpose of adoption. Pursuant to hearing, the court found that the consents and appearances executed by petitioners consenting to the adoption were obtained by constructive fraud, granted the writ, and ordered that the minor child be turned over to petitioners. Respondents appeal, and by means of supersedeas have retained possession of the child.

Petitioners, both Roman Catholics, were married September 11, 1954; two children were born of the…