People ex rel. Winston v. Winston
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,' Lillie Winston, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25tli day of April, 1898, adjudging the appellant guilty of contempt of court for a failure to produce the body of Lillian Winston as commanded by a writ of habeas corpus, striking out the return to said writ, and adjudging that the custody of the infant child.of the parties be awarded and…
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Appeal by the defendant,' Lillie Winston, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25tli day of April, 1898, adjudging the appellant guilty of contempt of court for a failure to produce the body of Lillian Winston as commanded by a writ of habeas corpus, striking out the return to said writ, and adjudging that the custody of the infant child.of the parties be awarded and intrusted to the relator, the father of the said infant.
1Opinion of the Court
Ingraham, J.:
So far as this order appealed from adjudges the respondent in the proceeding below in contempt, it seems to be unjustified. This proceeding was instituted under section 40 of the Domestic Relations Law (Chap. 272, Laws of 1896). It is there provided that a husband or ivife, being an inhabitant of this State, living in a state of separation without being divorced, who has a minor child, may *122apply to the Supreme Court for a writ of habeas corpus to have such minor child brought before such court; and that on the return thereof, the court, on due consideration, may award the charge…
2Cases cited2 opinions
- People ex rel. Keator v. MossAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Sternberger v. SternbergerAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by14 opinions
- White v. WhiteSupreme Court of New Hampshire · 1913
- In re StandishAppellate Division of the Supreme Court of the State of New York · 1921
- Matter of MeyerNew York Court of Appeals · 1913
- People ex rel. Satti v. SattiAppellate Division of the Supreme Court of the State of New York · 1976
- In re StewartNew York Supreme Court · 1912
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