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

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 203 U.S. 408, click here.

New York Foundling Hospital v. Gatti

No. 21

Argued April 26, 1906
Decided December 3, 1906
203 U.S. 429

APPEAL FROM THE SUPREME COURT

OF THE TERRITORY OF ARIZONA

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.