McCann v. Proskauer, (1927)
Court: Supreme Court of Florida
Number:
Visitors: 5
Judges: PER CURIAM. —
Attorneys: R. B. Gautier, for Plaintiff in Error;
James M. Carson and McIlvaine Ray, for Defendant in Error.
Filed: Mar. 05, 1927
Latest Update: Mar. 02, 2020
Summary: Julien J. Proskauer in October, 1926, obtained a writ of habeas corpus directed to Mary G. McCann to produce the bodies of Joan Proskauer, aged ten years, *Page 384 and Patricia Proskauer, aged nine years, children of the petitioner, and to show why they should not be delivered into the custody of their father. A motion to quash the writ was denied and the respondent answered. The Court heard the case upon the questions presented by the petition and answer and awarded the custody of the children
Summary: Julien J. Proskauer in October, 1926, obtained a writ of habeas corpus directed to Mary G. McCann to produce the bodies of Joan Proskauer, aged ten years, *Page 384 and Patricia Proskauer, aged nine years, children of the petitioner, and to show why they should not be delivered into the custody of their father. A motion to quash the writ was denied and the respondent answered. The Court heard the case upon the questions presented by the petition and answer and awarded the custody of the children ..
More
If this were a case of first impression, I would be inclined to hold that Chapter 8478 of the Acts of 1921 changed the common-law rule as announced in Porter v. Porter,60 Fla. 407, 53 So. 546, but this question, which I recognize was not free from difficulty, was settled by the Hopkins case, above cited, and I therefore concur with the other members of the Court in adherence to the construction of the Act which this Court heretofore has enunciated in the Hopkins case.
Source: CourtListener
