New York Foundling Hospital v. Gatti
203 U.S. 429 (1906)

Annotate this Case

U.S. Supreme Court

New York Foundling Hospital v. Gatti, 203 U.S. 429 (1906)

New York Foundling Hospital v. Gatti

No. 21

Argued April 26, 1906

Decided December 3, 1906

203 U.S. 429

Syllabus

A habeas corpus proceeding involving the care and custody of a child of tender year is not decided on the legal right of the petitioner, but upon the court's view, exercising its jurisdiction as parens patriae, of the best interest and welfare of the child; such a proceeding does not involve the question of personal freedom, and an appeal will not lie to this Court, under § 1909, Rev.Stat., from the order of the supreme court of a territory awarding the custody of a child of three years of age to one of several rival claimants therefor.

Appeal from 79 P. 231, dismissed.

The facts are stated in the opinion.

Page 203 U. S. 433

Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.