Turner v. Hendryx

<p>Habeas Corpus — Dismissal—Pendency of Proceedings.</p> <p>1. An appeal from a judgment denying a petition for habeas corpus to obtain the custody of an infant will not be dismissed because respondents, by a decree of the County Court, entered on the same day as the judgment, were awarded custody of the child under a petition for adoption; a writ of review in the adoption proceedings having been issued and being pending in the Circuit Court.</p> <p>ON THE MERITS.</p> <p>Habeas Corpus — Appeal—Scope.</p> <p>2. Sabeos corpus to determine right to custody of infant is equitable in nature, and the review on appeal is de novo, despite Section 669, L. O. L., providing for appeal in habeas corpus “in like manner and with like effect as in an action”; no impairment of the writ being within the legislative power, and the equitable nature, as to infants, having existed at common law.</p> <p>[As to matters to be considered in determining the custody of child on habeas corpus, see note in Ann. Cas. 1914A, 740.]</p> <p>Habeas Corpus — Custody of Infant — Rights.</p> <p>3. Evidence that father, on death of child’s mother, and after statement of her sister, “Give the child to me and I will raise it,” said, “You shall have it,” does not justify the eourt, in habeas corpus on petition of the father, in ignoring his natural rights.</p> <p>Habeas Corpus — Custody of Infant — Rights.</p> <p>4. Where the father, on death of child’s mother, and after statement of her sister, “Give the child to me and I will raise it,” said, “You shall have it,” he could revoke such agreement.</p> <p>Words and Phrases — “In Like Manner” — “Like.”</p> <p>5. When the statute says that an appeal in a proceeding by habeas corpus shall be “in like manner * * as in an action,” it means that the mode of appealing is the same as the mode of appealing in an action at law (per Mr. Justice Harris, specially concurring, citing Words and Phrases, “Like”; “Like Manner”).</p>