State ex rel. Stitt v. Reynolds

Citations

• 60 Wash. 12
• 110 P. 633
• 1910 Wash. LEXIS 1004

Syllabus

<p>Infants — Abandoned Children — Custody — Statutes — Habeas Corpus to Recover — Defenses. A preliminary order for the temporary custody of an abandoned child until notice could be given the mother and a hearing had, under Rem. & Bal. Code, § 1701, the statute contemplating an early hearing by giving such cases precedence, is no defense to habeas corpus by the mother to recover possession of her child, where no process was served on her as required by the statute and no further proceedings were had or final order made.</p> <p>Same- — Prima Facie Case — Hearing. In such a ease, Rem. & Bal. Code, § 1706, making the final order prima facie evidence that the abandoned child was properly surrendered to the society has no application; and the court should hear the habeas corpus proceedings on the merits.</p>