Robalina v. Armstrong
New York Supreme Court
Action for an assault and battery and false imprisonment. The plaintiff was the illegitimate child of Eliza Gilbert, and was aged about four years. Eliza Gilbert was the daughter of Ozias Gilbert, who resided in Norfolk, St. Lawrence county, and was in comfortable circumstances. Eliza Gilbert and her child had, ever since the birth of the child, resided in the family of Ozias Gilbert, and been supported there.
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Action for an assault and battery and false imprisonment. The plaintiff was the illegitimate child of Eliza Gilbert, and was aged about four years. Eliza Gilbert was the daughter of Ozias Gilbert, who resided in Norfolk, St. Lawrence county, and was in comfortable circumstances. Eliza Gilbert and her child had, ever since the birth of the child, resided in the family of Ozias Gilbert, and been supported there. The defendant was the putative father of the plaintiff; and a short time before the commencement of this suit, he got possession of her, without the consent of her mother, and refused…
1Opinion of the Court
By the Court, Willard, P. J.
The father had no right to the custody of the plaintiff against her consent. (The King v. Soper, 5 D. & E. 278. The King v. Hopkins, 7 East, 579.) The same principle has been repeatedly adjudged in this state. The mother of a bastard child is entitled,to its custody; but if it appears that the child is abused, the court will interfere in behalf of the child, and direct it to be placed elsewhere. (The People v. Landt, 2 John. 375. Carpenter v. Whitman, 15 Id. 208. The People v. Kling, 6 Barb. Rep. 366.) The rule is the same in Massachusetts. ( Wright v. Wright, 2…
2Cases cited4 opinions
- Whitney v. HitchcockNew York Supreme Court · 1847
- Wright v. WrightMassachusetts Supreme Judicial Court · 1806
- People v. LandtNew York Supreme Court · 1807
- People ex rel. Davenport v. KlingNew York Supreme Court · 1849
3Cited by15 opinions
- Leonhard v. United StatesCourt of Appeals for the Second Circuit · 1980
- Leonhard v. United StatesCourt of Appeals for the Second Circuit · 1980
- Barker v. . WashburnNew York Court of Appeals · 1911
- Cornell v. HartleyNew York City Family Court · 1967
- In re NormanNew York Supreme Court · 1960
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