Goodchild v. Foster
| Decision Date | 24 October 1883 |
| Court | Michigan Supreme Court |
| Parties | GOODCHILD v. FOSTER. |
Where children are committed to state public school by a judge of probate without any notification to their mother, who resides in the county, or opportunity to be heard in their behalf, the commitment is illegal.
Certiorari to circuit judge.
Henry Plass, for petitioner.
Charles Upson, for respondent.
Mrs. Goodchild brought habeas corpus to get possession of her children in the state public school, to which they had been sent under an order of Judge DURFEE, probate judge of Wayne county. Respondent brought certiorari against the decision restoring them to her possession. The objection made on the argument to the jurisdiction of the circuit judge is not made in the affidavit for the writ of certiorari. But we do not think there is any foundation for such an objection. Proceedings must be speedy to be valuable, and the long practice that has sanctioned such action is unquestionably correct. Where no jury is required, and where the judge acts personally, we think his action under this writ is strictly judicial, and need not be in open court at term. As no authority was shown which would bind the mother, the children were properly restored. The order of the judge of probate shows she was in the county, but no notice appears to have been given, either to her or to any friends or relatives. The statute clearly contemplates and distinctly provides that parents and friends may be heard on the children's behalf, and this involves an opportunity to be heard. As this was not shown, the mother was a stranger to the proceeding, and it in no way bound her.
The proceedings must be affirmed, with costs.
(The other justices concurred.)
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Scott v. Flowers
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Oversmith v. Lake, 82.
...time before taking charge of the children. It has been held that the statutory requirement of notice is jurisdictional. Goodchild v. Foster, 51 Mich. 599, 17 N.W. 74;In re Paulson, 212 Mich. 502, 180 N.W. 386;In re Petrovich, 222 Mich. 79, 192 N.W. 657;In re Baby Betty, 224 Mich. 675, 195 N......
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Ex parte Solberg
...to the State Public School is void when their mother, who resided in the county, had no notice or opportunity to be heard." Goodchild v. Foster, 17 N.W. 74. Geo. Shafer, Attorney General, and John Thorpe, Assistant Attorney General, for respondents. "The rule which obtains everywhere is tha......
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State ex rel. Rea v. Kinmore
... ... 203; People v. New ... York Catholic Protectory, 106 N.Y. 604; People v ... New York Catholic Protectory, 101 N.Y. 195; Goodchild v ... Foster, 51 Mich. 599; Wells, Jur., §§ 33, 35, 36 ... The ... petition is insufficient. Shipman v. Butterfield, 47 ... ...