Parton v. Hervey
Massachusetts Supreme Judicial Court
Habeas corpus, issued on the petition of Thomas J. Parton, of Lynn in the county of Essex, in behalf of Sarah E. Parton, alleged in the petition to be the lawful wife of the petitioner, and to be deprived of her liberty and unlawfully detained from his custody by Susan Hervey, her mother.
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Habeas corpus, issued on the petition of Thomas J. Parton, of Lynn in the county of Essex, in behalf of Sarah E. Parton, alleged in the petition to be the lawful wife of the petitioner, and to be deprived of her liberty and unlawfully detained from his custody by Susan Hervey, her mother. Susan Hervey, having been summoned to appear and show the cause of the detention of said Sarah, appeared, and stated in writing that she had the said Sarah in her custody, until taken from her by virtue of this writ of habeas corpus; that she had never imprisoned or in any manner unreasonably restrained or…
1Opinion of the CourtBigelow, J.
At the hearing of this cause, I was entirely satisfied by the testimony, that the marriage of the petitioner with the daughter of the respondent was not procured or solemnized clandestinely, or through fraud and deceit practised on the wife; but that she freely and willingly assented thereto, without undue influence or persuasion; that she was not of weak or impaired ntellect, but of competent understanding, and of the ordinary degree of intelligence of persons of her age; and that the respondent had restrained her of her liberty against her will, and had prevented her by force from joining…
2Cases cited3 opinions
- Inhabitants of Milford v. Inhabitants of WorcesterMassachusetts Supreme Judicial Court · 1810
- Hantz v. SealySupreme Court of Pennsylvania · 1814
- Pool v. PrattSupreme Court of Vermont · 1814
3Cited by2 opinions
- Davidson v. ReamNew York Supreme Court · 1916
- People v. HeineAppellate Division of the Supreme Court of the State of New York · 1960