gno.law

In re Hunt

California Supreme Court · No. 21143 · 1894-07-03 · Published · 103 Cal. 355 · 37 P. 206 · 1894 Cal. LEXIS 777

In re MINOR CHILDREN OF HENRY HUNT, on Habeas Corpus

Area
other
Panel
Charles H. Garoutte (author)

Analysis

No analysis yet. When one exists it is a model's reading of this opinion — the rulings it reviewed, whether it agrees with the court, and the authorities it checked — shown beside the court's own disposition, never in place of it. How analyses are made.

Opinion

The Court.

The children above named having been brought before the court by writ of habeas corpus, and the court being fully advised as to the matter, it is hereby ordered that said minor children be discharged from the custody of Frank Kane, and restored to the custody of the petitioner.

The father and mother, being the natural guardians of a child, can be deprived of the custody of its person only by a proceeding under section 203 of the Civil Code.

The proceeding by which the superior court has committed these children to the custody of a stranger is wholly unauthorized.

Concurrence — Garoutte

Garoutte, J., concurring.

I concur in the judgment, but am not prepared to coincide with the majority of the court upon the important question stated in the opinion as to the effect of section 203, without an opportunity for further examination.

Cited by