New York Supreme Court, 1938

People ex rel. Potterton v. Potterton

People ex rel. Potterton v. Potterton
New York Supreme Court · Decided October 4, 1938 · Nova
169 Misc. 404; 7 N.Y.S.2d 273; 1938 N.Y. Misc. LEXIS 2036

Counsel

Henry Klauber, for the relator.

People ex rel. Potterton v. Potterton

Opinion of the Court

Nova, J.

Application for writ of habeas corpus, pursuant to section 70 of the Domestic Relations Law, directed to respondent to appear before this court with the child of the parties hereto, aged three years. They live in Utica, N. Y. Section 1239, subdivision 2, of the Civil Practice Act is cited as authority for the application. The section seems to me to indicate that this writ must be made returnable in the county of the confinement and not in the county where the convenience of the relator and his witnesses will best be served.

Writ signed, but returnable in Oneida county, N. Y.

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