Brown v. Jewell

I. The bill is an original proceeding relating to custody of a minor. While in form it seeks to enjoin the defendant from exercising custody, the right to an injunction admittedly depends upon the plaintiff’s maintenance of her assertion that the custody ought to be reposed with her. The bill is not brought to aid, or to give emergency relief in other proceedings. Independent jurisdiction of equity to determine and award custody is therefore essential to support it.

The case of Leclerc v. Leclerc, 85 N. H. 121 is decisive against the jurisdiction. Recognizing the parental custody given by the…