52 How. Pr. 73
Decided October 15, 1876
New York Supreme Court · decided 1876-10-15
On the application of Eugenie Barber Barnett, the mother of a bastard child, named George Samuel Barnett, aged five years, the supreme court granted a writ of habeas corpus to obtain possession of said minor child from David Barnett, its putative father. Beturn was made charging gross improprieties on the part of the petitioner, to which a traverse was filed denying the charges, and making countercharges against respondent.
Decided 1876-10-15
¶1There seems to have been some conflict as to what is a special proceeding (27 N. Y., 629; 20 How., 304; 4 Keys, 66).
¶2*75But none of the cases doubt that where the matter is in court, and not merely before a judicial officer out of court, section 3 of the Code applies. The present proceeding was in the court." The writ was returnable thereto, and the final judgment was at special term. Under these circumstances 55 N. Y., is applicable, and the taxation must be affirmed.
¶3Taxation affirmed.