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

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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


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

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