State v. Richardson
Supreme Court of New Hampshire
This writ of habeas corpus, issued upon the application of the father, Jonathan S. Herrick, was originally returned to Bellows, Justice, on the 7th day of March, 1860, and, after hearing the parties, further proceedings upon it were adjourned to the Supreme Judicial Court, to be held at Concord, in and for the county of Merrimack, on the 15th day of the same March.
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This writ of habeas corpus, issued upon the application of the father, Jonathan S. Herrick, was originally returned to Bellows, Justice, on the 7th day of March, 1860, and, after hearing the parties, further proceedings upon it were adjourned to the Supreme Judicial Court, to be held at Concord, in and for the county of Merrimack, on the 15th day of the same March. The return of the respondent, Daniel F. Richardson, showed the child, Martha Jane Herrick, to be in his custody, but claimed that it was with the assent of its parents, and in accordance with its own wishes. The facts sufficiently…
1Opinion of the CourtBellows, J.
It is a well settled doctrine of the common law, that the father is entitled to the custody of his minor children, as against the mother and every body else; that he is bound for their maintenance and nurture, and has the corresponding right to their obedience and their services. 2 Story’s Eq., secs. 1343-1350; 2 Kent’s Com. 193; 1 Bl. Com. 453; Jenness v. Emerson, 15 N. H. 486; Huntoon v. Hazelton, 20 N. H. 389. By statute of 12 Car. 2, ch. 24, he may, by will, appoint guardians for his infant children, who will thereby become entitled to their custody and tuition until they reach the age of…
2Cases cited4 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- People ex rel. Barry v. MerceinNew York Court of Chancery · 1839
- Armstrong v. StoneSupreme Court of Virginia · 1852
- In re the election of Directors of The Chenango County Mutual InsuranceNew York Supreme Court · 1839
3Cited by10 opinions
- Hustace v. BlackCourt of Appeals of Texas · 1945
- Guillott v. GentleCourt of Appeals of Texas · 1971
- Carter v. CadeCourt of Appeals of Texas · 1951
- Falconi v. Eighth Jud. Dist. Ct.Nevada Supreme Court · 2024
- Moran v. De LlanoCourt of Appeals of Texas · 1959
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