Matter of Hart

The petition for the writ is signed by the father and mother of Lester Hart, an infant, alleging their parentage and the illegal restraint by respondents of said child.

The record discloses these facts: The parents of Lester Hart separated in February, 1912, on the third day of which month the father, without the mother joining therein, executed an instrument in writing to the Children’s Home Society, through which he attempted, because of his inability to properly provide for and bring up said Lester Hart, to relinquish and abandon to said society his right of custody, services, and earnings of said child, authorizing said society to place said child in a home, at its discretion, and waiving all notice of proceedings in adopting and consenting to adoption. It further appears that before the date of such attempted relinquishment, to wit: on the first day of February, 1912, the husband instituted an action for divorce, charging his wife with adultery; that on the twenty-fifth day of April, 1912, an interlocutory decree of divorce was granted, from which no appeal has been taken; that thereafter in June, the parents became reconciled and in September re- - sumed their marital…