People ex rel. Olmstead v. Olmstead
New York Supreme Court
THIS Was a proceeding fry habeas corjpu¿} instituted by a father, against his wife and mother-in-law, to. obtain the possession of his infant child, and to have the care and custody of said child committed to him.
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THIS Was a proceeding fry habeas corjpu¿} instituted by a father, against his wife and mother-in-law, to. obtain the possession of his infant child, and to have the care and custody of said child committed to him. The petition of the relator stated that on the 20th of February, 1855, the petitioner legally married Maria N., the daughter of the defendant, now Mrs. Bandell, widow; that he was thirty years of age, and his said wife about twenty-four years of age, and that she had no brother or sister living; that said Mrs. Ban-dell had no child living except the petitioner’s wife; that said Mrs.…
1Opinion of the CourtBirdseye, J.
That the father has, by the common law, the paramount right to the custody and control of his minor children, and to superintend their education and nurture, is too well settled to admit of doubt. Such has been his ac*14knowledge! right in England, from the earliest period at which it became the subject of judicial investigation, down to the present time. (Ex parte Hopkins, 3 P. Wms. 151, 154. See The King v. Johnson, 2 Ld. Raym. 1333; 1 Strange, 579, S. C.; Blissett's case, Lofft, 748; The King v. De Manneville, 5 East, 221; De Manneville v. De Manneville, 10 Ves. 52, 62, 3; Ex parte McClellan,…
2Cases cited7 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- People ex rel. Barry v. MerceinNew York Court of Chancery · 1839
- In re M'DowleNew York Supreme Court · 1811
- People ex rel. Nickerson v.New York Supreme Court · 1837
- People ex rel. Trainer v. CooperNew York Supreme Court · 1853
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3Cited by18 opinions
- Ullman v. UllmanAppellate Division of the Supreme Court of the State of New York · 1912
- Girard Trust Co. v. SchmitzNew Jersey Superior Court Appellate Division · 1941
- State ex rel. Lasserre v. MichelSupreme Court of Louisiana · 1901
- In re the Estate of ForteNew York Surrogate's Court · 1933
- Atherton v. AthertonNew York Supreme Court · 1894
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