150 N.Y.S. 204 | N.Y. App. Div. | 1914
The defendant, after providing duly for his wife and children, sharing for that purpose with her parents a house at Flushing, moved to Long Island City, where he took an apartment, to which he invited his wife to come with her children, which she refused to do. She brought action for separation with provision for the support of herself and children, upon the ground that her husband had failed to furnish such support, and also on account of cruel and inhuman treatment. The decision was against her. In proceedings by habeas corpus taken by him to recover the children, she returned, on February 6, 1914, that she had kept them in comfortable circumstances and had thoroughly and properly provided for their general welfare and that their physical condition demanded that she continue their custody. The court decided that the welfare of the children required that they continue in the custody of the mother, with certain permission to the father to see them. On March sixth the wife caused the husband to be apprehended as a disorderly person because he did not support the children, so committed to her custody, and in a proceeding in which she stated that she had not means to support the children or means
The order of affirmance of the County Court should be reversed; the judgment of conviction of the city magistrate should be reversed, and the proceedings dismissed.
Jenks, P. J., Carr, Stapleton and Putnam, JJ., concurred.
Order of the County Court of Queens county reversed, and judgment of conviction of the city magistrate reversed, and proceedings dismissed.