Commonwealth v. Fee
Supreme Court of Pennsylvania
A HABEAS CORPUS having issued at the instance of Charlotte Neal, commanding John Fee, sen., to produce the body of John Fee the third, together with the cause of his detention, he returned, that he detained him by virtue of an order of the Court of Common Pleas of Huntingdon county, a copy of the record of which was annexed to the return. * ' Toa habeas corpus issued by the Court of Common Pleas against the present defendant, he returned., that he was the grandfather of John…
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A HABEAS CORPUS having issued at the instance of Charlotte Neal, commanding John Fee, sen., to produce the body of John Fee the third, together with the cause of his detention, he returned, that he detained him by virtue of an order of the Court of Common Pleas of Huntingdon county, a copy of the record of which was annexed to the return. * ' Toa habeas corpus issued by the Court of Common Pleas against the present defendant, he returned., that he was the grandfather of John Fee, the third, and that he had taken him on the 18th January, 1820, and since detained him, as his immediate relative,…
1Per curiam
Weg ive no opinion on the general question of the right of the putative father to the custody of his child. The case does not require it. It is the grandfather who has taken possession of this child. /Now there are two *257reasons why he should not be permitted to retain the possession. First, the tender age of the child, (a little more than two years) ; and, second, the manner in which the possession was acquired. Force was made use of, accompanied with some degree of artifice. This conduct is not to be encouraged. If the grandfather thinks himself entitled to the keeping of this child, let him…
2Cited by1 opinion
- McGunigal v. MongSupreme Court of Pennsylvania · 1847