Hewitt v. Long
Illinois Supreme Court
Appeal from the Circuit Court o.f Cass county; the Hon. Charles Turner, Judge, presiding. The facts of the case are fully stated in the opinion of the court, and in the dissenting opinion of Mr. Justice Brícese.
1DissentChief Justice Breese
The decree in this proceeding for a divorce, instituted by the appellant against appellee, committed the custody of the child, the subject of this controversy, to appellant, until the further order of the court.
This decree was very proper and just, as the child was then a mere infant, incapable of taking care of herself. The rule of the common law, that the father has the paramount right to the custody of his children, was properly modified by the circumstances. Courts of chancery in this country and in England have often so ruled. The order was not final, but temporary only, and subject to…
2Cases cited3 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Miner v. MinerIllinois Supreme Court · 1849
- Cummins v. CumminsIllinois Supreme Court · 1862