New York Foundling Hospital v. Gatti

Citations

• 203 U.S. 429
• 27 S. Ct. 53
• 51 L. Ed. 254
• 1906 U.S. LEXIS 1606

Syllabus

<p>A habeas corpus proceeding involving the care and custody of a child of tender years is not decided on the legal rights of the petitioner, but upon the court’s view, exercising its jurisdiction as parens patries, 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.</p>