People ex rel. Brooks v. Brooks
New York Supreme Court
APPEAL from an order of Justice Mullin, made at a special term, upon the return of the respondent to a writ of habeas corpus, issued upon the petition of the relator to obtain the custody of Bussell J. Brooks, the infant child of the parties. The petition of the relator alleged that his wife, the respondent, left him without any just cause or provocation, and remained away without his consent and against his wishes, and retained the custody of the child.
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APPEAL from an order of Justice Mullin, made at a special term, upon the return of the respondent to a writ of habeas corpus, issued upon the petition of the relator to obtain the custody of Bussell J. Brooks, the infant child of the parties. The petition of the relator alleged that his wife, the respondent, left him without any just cause or provocation, and remained away without his consent and against his wishes, and retained the custody of the child. The return t‘o the writ alleged that the child was placed in the custody of the respondent by the county judge of Lewis county, in…
1Opinion of the Court
By the Court, Allen, J.
Among the many radical changes in the domestic relations attempted by recent legislation, none is more pregnant with grave consequences for good or for evil than the very brief and summary statute which gives rise to this controversy.
The 9th section of the act of 1860, “concerning the rights and liabilities of husband and wife,” (Sess. Laws, p. 157,) is in these words: “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 with her husband.” Conceding the…
2Cases cited3 opinions
- People ex rel. Barry v. MerceinNew York Court of Chancery · 1839
- People ex rel. Nickerson v.New York Supreme Court · 1837
- People ex rel. Rhoades v. HumphreysNew York Supreme Court · 1857
3Cited by11 opinions
- Morgan v. PerryCourt of Appeals for the Third Circuit · 1998
- Ullman v. UllmanAppellate Division of the Supreme Court of the State of New York · 1912
- People ex rel. Halvey v. HalveyNew York Supreme Court · 1945
- People ex rel. Prior v. PriorNew York Supreme Court · 1920
- People ex rel. Sternberger v. SternbergerAppellate Division of the Supreme Court of the State of New York · 1896
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