Johnson v. Terry
Supreme Court of Connecticut
Assault and battery, brought to the superior court in Litchfield county, and tried on the general issue, with notice, closed to the court, before Pardee, J. The court found the following facts:— In the year 1860, the plaintiff lived with his wife and their three minor children, in the state of New Jersey. In that year his wife left him, taking with her the three children, and during the last six years she and the children have resided in the town of Plymouth, in this state.
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Assault and battery, brought to the superior court in Litchfield county, and tried on the general issue, with notice, closed to the court, before Pardee, J. The court found the following facts:— In the year 1860, the plaintiff lived with his wife and their three minor children, in the state of New Jersey. In that year his wife left him, taking with her the three children, and during the last six years she and the children have resided in the town of Plymouth, in this state. The plaintiff obtained a divorce from her in the year 1860, and from that time to the 18th day of November, 1865, did…
1Opinion of the CourtButler, J.
The plaintiff, the father of a legitimate child, was in the quiet custody of the child, when assaulted by the defendant for the purpose of taking it away from him. The defendant had been in possession of the child, and the father had regained the possession by strategem, but that fact is entirely immaterial, if the possession of the father when obtained was lawful and exclusive. Lord Keñyon once held upon habeas corpus, as against the putative father of an illegitimate child, who had obtained possession of the child from the mother by force -and fraud, that he would put matters in the same…
2Cited by21 opinions
- Purinton v. JamrockMassachusetts Supreme Judicial Court · 1907
- Weir v. MarleySupreme Court of Missouri · 1889
- Kelsey v. GreenSupreme Court of Connecticut · 1897
- Dunham v. DunhamSupreme Court of Connecticut · 1922
- Krauthoff v. KrauthoffMissouri Court of Appeals · 1915
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