MATTER OF JACOBSEN


278 A.D. 945 (1951)

In the Matter of the Application of John J. Jacobsen, Respondent, for a Writ of Habeas Corpus to Inquire into the Cause of Detention of John W. Jacobsen, an Infant. Society for the Prevention of Cruelty to Children of Nassau County, Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 4, 1951.


Order sustaining writ of habeas corpus and directing the discharge of the infant from appellant's custody upon giving specified bail affirmed, without costs.

Upon the record we are of opinion that it was an improvident exercise of the discretion vested in the court to so restrain the child in his liberty and that the writ of habeas corpus was properly issued by the Supreme Court to review that restraint. (Children's Court Act, § 20; Civ. Prac. Act, § 1230...

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