Download torrent Reports of Cases in Law and Equity in the Supreme Court of the State of New York Volume 6
Download torrent Reports of Cases in Law and Equity in the Supreme Court of the State of New York Volume 6

Reports of Cases in Law and Equity in the Supreme Court of the State of New York Volume 6 by Oliver Lorenzo Barbour

Reports of Cases in Law and Equity in the Supreme Court of the State of New York Volume 6
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Author: Oliver Lorenzo Barbour
Number of Pages: 260 pages
Published Date: 01 Mar 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781130856170
Download Link: Reports of Cases in Law and Equity in the Supreme Court of the State of New York Volume 6
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1859 Excerpt: ...to be had in view. The rights of parental authority are to be regarded no farther than they ate consistent with the best good of the child. The tribunal before Which it is brought, is to do what it may suppose the child, fri the exercise of a proper judgment, and looking to its own bettefit, would do. In the matter of the McDowells, (8 John, 328, ) it was held, upon the authority of Lord Mansfield in Res? V. Delaval, (3 Burr. 1434, ) that, upon habeas corpus all the court was bound to do, ex debito justitim, was to' set the infant free from improper restraint; that whether it would deliver it over" to any body, must be left to its discretion. In that case two boys, one eleven, the other eight years old, Were brought before the court upon writs of habeas corpus, issued upon the application of the father, to members of the society of Shakers, with whom the children were living. The court said all they were required to do upon that writ, was to declare that the infants were at liberty to go where they pleased, and upon being satisfied that they desired to return to the Shakers, an officer was directed to protect them in their return. So in the matter 6f Waldron, (13 Wend. 418, ) the court, being satisfied that it would be more for the benefit of the infant to remain with its grandfather, to whom the habeas corpus had been issued, refused to direct it to be delivered to its father. The court said it was a matter resting in the sound discretion of the court, arid8 not a matter of right which the father could claim at their The People v. Kling. hands. The same principle is recognized by Justice Bronson in Mercein v. The People, (25 Wend. 73.) I admit that this discretion is not to be arbitrarily exercised. Nor are the rights of the parent to be wholly disregard...

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