Legal Opinion

Townsend v. Kendall

Supreme Court of Minnesota

Decided December 15, 1860PublishedCited by 17 opinions

APPEAL PROM THE DISTRICT COURT OP WINONA COUNTY. Points and authorities of Appellant: Burst. — The Court erred in sustaining the demurrer. 1st. The power and reciprocal duty of a guardian and ward are the sameyro tempore as that of a father and child. 1 Blackstone’s Com. 382; 2 Kent’s Com. 9 Ed. 236. Eull faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. Art. 4, Sec. 1, Constitution U. S. 2d.

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APPEAL PROM THE DISTRICT COURT OP WINONA COUNTY. Points and authorities of Appellant: Burst. — The Court erred in sustaining the demurrer. 1st. The power and reciprocal duty of a guardian and ward are the sameyro tempore as that of a father and child. 1 Blackstone’s Com. 382; 2 Kent’s Com. 9 Ed. 236. Eull faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State. Art. 4, Sec. 1, Constitution U. S. 2d. The father has the legal right to the custody and control of his child. Matter of Kottmam, 2 Hill, S. C. 363; People ex rel. Barry…

1Opinion of the CourtElandrau, J.

By the Court. This is an action for false imprisonment. The defence is that the Defendant was duly *417appointed, by a competent Court in tbe State of Ohio, the guardian of the person and estate of the Plaintiff, who is an infant, and at the time of such appointment resided in the State of Ohio. That the guardian has at all times made suitable provision for his ward in the State of Ohio, and has never consented to his departure therefrom. That the mother of the Plaintiff had intermarried with one Tillotson, and removed from the State of Ohio to this State, and brought the Plaintiff with her,…

2Cases cited1 opinion

  1. Cutts v. HaskinsMassachusetts Supreme Judicial Court · 1813

3Cited by17 opinions

  1. Helton v. CrawleySupreme Court of Iowa · 1950
  2. Lee v. LeeSupreme Court of Alabama · 1876
  3. In Re PerryIndiana Court of Appeals · 1925
  4. In re StockmanMichigan Supreme Court · 1888
  5. Jones v. BowmanWyoming Supreme Court · 1904

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