Legal Opinion

Buckley v. Perrine

New Jersey Court of Chancery

Decided February 15, 1896PublishedCited by 6 opinions

On the 9th day of October, 1895, Julian Gerard Buckley, in behalf of his sister, Mary Kemble Slack, presented a petition entitled “In Chancery of New Jersey,” to John T. Bird, Esq., one of the vice-chancellors of the state. The petition is addressed “To His Honor John T. Bird, Vice-Chancellor of the State of New Jersey,” and on the day of its presentation was filed in the chancery clerk’s office.

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On the 9th day of October, 1895, Julian Gerard Buckley, in behalf of his sister, Mary Kemble Slack, presented a petition entitled “In Chancery of New Jersey,” to John T. Bird, Esq., one of the vice-chancellors of the state. The petition is addressed “To His Honor John T. Bird, Vice-Chancellor of the State of New Jersey,” and on the day of its presentation was filed in the chancery clerk’s office. In the petition it is alleged that Mary Kemble Slack is the widow of William Hall Slack, deceased, who died in this state on the 2d of October, 1895; that there were born to William Hall Slack and…

1Opinion of the Court

The Chancellor.. The principal objection to the validity of the orders and decree in question is, that they are not made in a proceeding in the court of-chancery in which that.court had jurisdiction of the respondents.

An examination of the petition for the writ of habeas corpus exhibits that it was an application for the appropriate use of that writ, to wit, to free the infant children of Mrs. Slack-from the alleged illegal restraint of Lewis Perrine. -. It did not invoke the exercise of the gitasi-paternal jurisdiction of the court of chancery over the welfare of the' infants.

I 'apprehend…

2Cases cited1 opinion

  1. People ex rel. Barry v. MerceinNew York Court of Chancery · 1839

3Cited by6 opinions

  1. Helton v. CrawleySupreme Court of Iowa · 1950
  2. In Re ErvingNew Jersey Court of Chancery · 1931
  3. Greenberg v. GreenbergNew Jersey Court of Chancery · 1926
  4. In Re KellyNew Jersey Superior Court Appellate Division · 1938
  5. Helton v. CrawleySupreme Court of Iowa · 1950

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