Woodworth v. Spring
Massachusetts Supreme Judicial Court
Habeas corpus. The petitioner claimed the custody of Edward Spring, a minor of the age of eleven years, whose father and mother were residents of Chicago, Illinois, until their death, after which the petitioner, who is not a relative of the child, was appointed as his guardian, under the laws of that state.
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Habeas corpus. The petitioner claimed the custody of Edward Spring, a minor of the age of eleven years, whose father and mother were residents of Chicago, Illinois, until their death, after which the petitioner, who is not a relative of the child, was appointed as his guardian, under the laws of that state. The respondent, who is the child’s aunt, brought him to this commonwealth in 1856, with the consent of the petitioner; and, in June 1858, she was appointed as his guardian, without the knowledge of the petitioner, by the judge of probate of Berkshire county, where she resided. The present…
1Opinion of the CourtBigelow, C. J.
The child, whose custody is in controversy in this case, is legally domiciled in the State of Illinois. That was his domicil of origin ; and as he has had, hitherto, no legal capacity to acquire a new one, and as the guardian appointed in the place of his origin has never intended to change the domcil of his ward, that of his birth still continues. Story Confl. Laws, § 46. In determining the question of his legal custody in this" commonwealth, he is therefore to be regarded as a foreign child who is lawfully within the jurisdiction of this state, having been brought within its limits, not…
2Cases cited1 opinion
- Morrell v. DickeyNew York Court of Chancery · 1814
3Cited by7 opinions
- State ex rel. Nipp v. District CourtMontana Supreme Court · 1912
- Lókpez Finlay v. Sotelo TaboasSupreme Court of Puerto Rico · 1949
- People ex rel. Rich v. LackeyNew York Supreme Court · 1930
- In Re ChaseSupreme Court of North Carolina · 1928
- Kulekowskis v. DiLeonardiDistrict Court, N.D. Illinois · 1996
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