United States v. Green
U.S. Circuit Court for the District of Rhode Island
Habeas corpus upon the petition of Aaron Putnam, a citizen of New Fork, against Timothy Green, a citizen of Rhode Island, to bring up the body of Eliza A. Putnam, an infant daughter of Putnam, about ten years old, alleged to be wrongfully detained in the custody of the defendant, who was her grandfather.
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Habeas corpus upon the petition of Aaron Putnam, a citizen of New Fork, against Timothy Green, a citizen of Rhode Island, to bring up the body of Eliza A. Putnam, an infant daughter of Putnam, about ten years old, alleged to be wrongfully detained in the custody of the defendant, who was her grandfather. Upon the execution of the writ, a special return was made by the defendant, alleging, that the infant was the child of his daughter Mary, who married Putnam, and had since deceased; that in 1817, Putnam became embarrassed, and brought his wife and the said infant to reside at his house in…
1Opinion of the Court
STORY, Circuit Justice.
In cases of this nature the court will look into all the facts stated in the return, and ascertain if they contain a satisfactory statement, upon which the party ought to be discharged. It will not discharge the defendant, simply because he declares, that the infant is not “in his power, possession, control, or custody,” if the conscience of the court is not satisfied, that all the material facts are fully disclosed. That would be to listen to mere forms against the claims of substantial justice, and the rights of personal liberty in the citizen. In ordinary cases,…
2Cited by48 opinions
- In Re BurrusSupreme Court of the United States · 1890
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- Purinton v. JamrockMassachusetts Supreme Judicial Court · 1907
- Richards v. ForrestMassachusetts Supreme Judicial Court · 1932
- Weir v. MarleySupreme Court of Missouri · 1889
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