Legal Opinion

In re Cuneen

New York Supreme Court

Decided May 15, 1859PublishedCited by 3 opinions

Habeas Corpus by the petitioner, for the custody of bis infant children.

1Opinion of the Court

Clerks, Justice.

The common law, no doubt, recognizes the paramount right of the father to the custody of his infant children ; but, while the courts still maintian his right in preference to all others (other things being equal), they will not deliver the children to his custody, when to do so will be manifestly to their detriment and discomfort. I think the father in this *517case, in Ms intercourse with Ms family, has evinced a suspicious and splenetic temper, which could not fail to make them exceedingly unhappy, and to pervert the dispositions of his children. He, indeed, contradicts many of…

2Cited by3 opinions

  1. In Re the Revocation of Letters of General Guardianship Issued to GustowNew York Court of Appeals · 1917
  2. Bruce Henry v. Sheriff of Tuscaloosa County, AlabamaCourt of Appeals for the Eleventh Circuit · 2025
  3. People ex rel. Pascale v. LanzaNew York Supreme Court · 1938

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API