Legal Opinion

Kelsey v. Green

Supreme Court of Connecticut

Decided June 15, 1897PublishedCited by 69 opinions

Application for a writ of habeas corpus brought to and tried by the Son. Frederick B. Sail, a judge of the Superior Court; facts found and judgment rendered for the respondent, and appeal by the petitioner for alleged errors in the rulings of the judge. The writ commanded the defendant to produce the body of Clarence Ward, a minor about thirteen years old, together with the causes of his detention.

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Application for a writ of habeas corpus brought to and tried by the Son. Frederick B. Sail, a judge of the Superior Court; facts found and judgment rendered for the respondent, and appeal by the petitioner for alleged errors in the rulings of the judge. The writ commanded the defendant to produce the body of Clarence Ward, a minor about thirteen years old, together with the causes of his detention. The return was as follows: “ The respondent, in obedience to said writ, brings the said Clarence Ward into court, and says that he is in no manner, without law or right, confined, imprisoned,…

1Opinion of the CourtAndrews, C. J.

Two errors are insisted on: (1) That the judge erred in holding that the question of the interest of the minor could affect the right of the plaintiff to the custody of his ward. (2) That the judge erred in overruling the claims of the plaintiff that the appointment of the defendant as guardian was void, for the reason that the Court of Probate in the district of Thompson had no jurisdiction to make the appointment.

Most of the argument which is made in behalf of the plaintiff seems to us to be misapplied. The contention here is not between the father on the one hand and a stranger as guardian…

2Cases cited6 opinions

  1. Mercein v. People ex rel. BarryNew York Supreme Court · 1840
  2. Chapsky v. WoodSupreme Court of Kansas · 1881
  3. Verser v. FordSupreme Court of Arkansas · 1881
  4. Yale v. West Middle School DistrictSupreme Court of Connecticut · 1890
  5. Johnson v. TerrySupreme Court of Connecticut · 1867

1 more not listed; retrieve them via the Exa API.

3Cited by69 opinions

  1. State v. AnonymousSupreme Court of Connecticut · 1979
  2. Morrill v. MorrillSupreme Court of Connecticut · 1910
  3. Krasnow v. KrasnowSupreme Court of Connecticut · 1953
  4. In Matter of BadgerSupreme Court of Missouri · 1920
  5. Dunham v. DunhamSupreme Court of Connecticut · 1922

64 more not listed; retrieve them via the Exa API.

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