Merritt v. Swimley
Supreme Court of Virginia
Error to the refusal of judge of circuit court of Frederick county to award a writ of error to judgment of county court of said county, rendered March 9th, 1886, upon proceedings by writ of habeas corpus sued out by Hugh M. Merritt against James L. Swimley and Mary D., his wife, remanding the infant, Sarah E. V. Merritt, back to the custody of the respondents, and dismissing the petition and writ at the cost of said Merritt, who obtained a writ of error.
1Opinion of the CourtLacy, J.
This is a proceeding by habeas corpus, on the part of the father to obtain control and the custody of his infant child. The respondents are the maternal aunt of the infant child and her husband. The facts are, briefly, that the father, an Ohio ' man, married in Frederick county, Virginia, the mother of this infant, some years ago, who bore him three children, the third being this infant, who was born on the 13th of December, 1872, and the mother died three weeks after; whereupon the infant was taken charge of by the mother’s sister, and brought to Virginia with the consent of the father,…
2Cases cited3 opinions
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Commonwealth v. AddicksSupreme Court of Pennsylvania · 1813
- In re M'DowleNew York Supreme Court · 1811
3Cited by21 opinions
- In Matter of BadgerSupreme Court of Missouri · 1920
- Stringfellow v. SomervilleSupreme Court of Virginia · 1898
- Buchanan v. BuchananSupreme Court of Virginia · 1938
- Darnell v. BarkerSupreme Court of Virginia · 1942
- Walker v. BrooksSupreme Court of Virginia · 1962
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