Commonwealth v. Hamilton
Massachusetts Supreme Judicial Court
Upon the application of Margaret Larey, stating herself to be the mother of Catharine Cuddy, an infant, and alleging that the said Catharine was unlawfully restrained of her liberty by the respondent, Hamilton, a writ of habeas corpus ad subjiciendum issued to the said Hamilton, commanding him forthwith to bring into Court the body of the said Catharine, with the cause of her restraint, &c.
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Upon the application of Margaret Larey, stating herself to be the mother of Catharine Cuddy, an infant, and alleging that the said Catharine was unlawfully restrained of her liberty by the respondent, Hamilton, a writ of habeas corpus ad subjiciendum issued to the said Hamilton, commanding him forthwith to bring into Court the body of the said Catharine, with the cause of her restraint, &c. The respondent returned that the said Catharine was duly bound in service to him, until she should attain the age of eighteen years, by the church-wardens of the parish of Niagara, in the province of Upper…
1Opinion of the Court
By the Court.
By the return of this writ, it appears that Catha vine Cuddy was bound as an apprentice to the defendant, agreeably to the laws of Upper Canada, where the parties then resided. Although it may be true, that on removing into this state, the defendant could not have compelled her to accompany him, yet as sbe came voluntarily, and as the defendant is under obligation to provide for her, — which obligation it is by no means certain that the laws of this commonwealth would not enforce in a case situated like the present, — as there is no evidence of any neglect of that duty on his…
2Cited by17 opinions
- Rust v. VanvacterWest Virginia Supreme Court · 1866
- Benson v. RemingtonMassachusetts Supreme Judicial Court · 1806
- Williams v. HutchinsonNew York Supreme Court · 1849
- In re Goodenough ex rel. GoodenoughWisconsin Supreme Court · 1865
- Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1886
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