New York Supreme Court May 7, 1849 (People ex rel. Davenport v. Kling)

By the Court, Harris, J.

Were this a controversy between the mother of the child and the putative father, as to which had the better right to the custody and guardianship of the child, as the relator’s counsel seems to have supposed it to be, there could be no doubt that the decision of the county judge was erroneous.