People ex rel. Sternberger v. Sternberger et al.
New York Supreme Court, Appellate Division
12 A.D. 398 (1896)
- Written by Jenny Perry, JD
Facts
Birdie Sternberger (plaintiff) and Louis Sternberger (defendant) were married in 1888. They lived with Birdie’s father until 1890. During that time, Birdie gave birth to two children, a daughter and a son who was born prematurely and whose health was fragile. Birdie was well educated and refined and was very close to her father. Louis was also devoted to Birdie’s father until Louis suffered some financial difficulties in 1889 or 1890 that led to intense bitterness and enmity between Louis and his father-in-law. Louis also began mistreating Birdie around that time. In 1895, Birdie left the parties’ marital home and returned to her father’s house with her children. Louis then took their son into his own custody, and Birdie filed a writ of habeas corpus for the child’s return. The parties agreed to have the court determine custody of both children. After hearing extensive evidence, a referee found that it was in the children’s best interest to be in their mother’s care. However, the court denied Birdie’s motion to confirm the referee’s findings and entered an order committing the children to Louis’s care and custody. Birdie appealed.
Rule of Law
Issue
Holding and Reasoning (Patterson, J.)
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