Goodchild v. Foster

Habeas corpus for children senl to State public school. A circuit judge at chambers has jurisdiction to issue the writ of habeas corpus to get possession of children sent to the State Public School by order of the probate judge. The action of a circuit judge in habeas corpus proceedings is strictly judicial where no jury is required and the judge acts personally; and it need not be taken in open court or during term. A mother is not bound by an order made by a probate judge sending her child to the State Public School without any notice to her, if she was within the county, or to any of the child’s friends or relations; and she can sue out the writ of habeas corpus to regain their custody.

Certiorari to Hooker, J. Habeas Corpus. Respondent appeals. The fact that relator in babeas corpus proceedings is tbe mother of minors detained from her is not conclusive as to her right to their custody; it must further appear that it is for the welfare of the children to have them placed in her charge: Oorrie v. Gorrie 42 Mich. 509; Hurd on Habeas Corpus 462-3; Schouler’s Horn. Bel. § 248; a final adjudication upon the right of contending parties to the control, custody, nurture and education of a child is as much foreign to the nature of chamber powers as one where the possession and enjoyment of property are the purpose of the suit: Roioe v. Rowe 28 Mich. 357; Matter of Buddington 29 Mich. 472. Unauthorized absence of infants from legal custody is an imprisonment: Hurd on Habeas Corpus 454; the State courts, in all cases authorized by the laws of the State must issue the writ of habeas corpus, to inquire into the legality of the imprisonment of any person deprived of his liberty within the State : Matter of Spazngler 11 Mich. 810; in case of infants, the writ may issue without the privity of the child: People v. Meroein 3 Hill 899 ; and against its express wishes : Commonwealth v. Hamilton 6 Mass. 273 ; and the circuit judge has power to act in the premises at other times as well as in open court: Matter of Buddi/ngton 29 Mich. 475 ; Hurd on Habeas Corpus 456j Act 266 of 1881.