Legal Opinion

People ex rel. Boice v. Boice

New York Supreme Court

Decided September 1, 1862PublishedCited by 1 opinion

THIS is a common law certiorari awarded by the supreme court, upon the application of Joseph Boice, for the purpose of reviewing the decision of Henry Brodhead, jun. county judge of Ulster county, transferring to Melissa Boice the custody of her infant child.

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THIS is a common law certiorari awarded by the supreme court, upon the application of Joseph Boice, for the purpose of reviewing the decision of Henry Brodhead, jun. county judge of Ulster county, transferring to Melissa Boice the custody of her infant child. On the 22d day of January, 1862, the above named Melissa Boice presented a petition to the said county judge, alleging that her infant child, Charles Boice, who was between the ages of two and three years, was illegally restrained of his liberty by the relator, J oseph Boice. The petition alleged that the petitioner, whose maiden name…

1Opinion of the Court

By the Court,

Hogeboom, J.

At the time these proceedings were had before the county judge of Ulster county, the law of 1860 (chap. 90) was in force; the 9th section of which declares that “ every married woman is hereby constituted and declared to be the joint guardian of her children with her husband, with equal powers, rights and duties in regard to them Avith her husband.” This was a valid act of general legislation, not interfering with vested rights, and materially curtailed the right of the father and enlarged that of the mother in regard to the guardianship) and custody of infants. It…

2Cases cited3 opinions

  1. Mercein v. People ex rel. BarryNew York Supreme Court · 1840
  2. People ex rel. Trainer v. CooperNew York Supreme Court · 1853
  3. People ex rel. Tappan v. PorterThe Superior Court of New York City · 1853

3Cited by1 opinion

  1. In re SchmidtNew York Supreme Court · 1894

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