People ex rel. Barry v. Mercein
New York Court of Chancery
This case came before the court upon the return of a writ of habeas corpus ad subjiciendum directed to the defendant, the father-in-law of the relator, commanding him to bring before the court the wife and the infant child of the relator, alleged to be detained from him by the defendant.
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This case came before the court upon the return of a writ of habeas corpus ad subjiciendum directed to the defendant, the father-in-law of the relator, commanding him to bring before the court the wife and the infant child of the relator, alleged to be detained from him by the defendant. In the return to the writ, the defendant admitted he was harboring and protecting the wife and child of the relator, and that the child was in his power and under his control, so far that he refused to permit it to be taken from his house by the relator without the consent of the wife, who was perfectly at…
1Opinion of the Court
The Chancellor.
As the habeas corpus in this case was directed to the father-in-law, commanding him to bring up both the wife and child, and was served by the relator on him only, it is perfectly clear that it is not a ease contemplated by the legislature, in the provision of the revised statutes which makes it the duty of the person upon whom the writ is served to return the same, even if not named therein, so as to authorize the wife to make a return to the writ; although the defendant may have delivered the writ to her after it had been served on himself. Her sworn statement in the form of…
2Cited by54 opinions
- In Re BurrusSupreme Court of the United States · 1890
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Wear v. WearSupreme Court of Kansas · 1930
- Campbell v. CampbellWisconsin Supreme Court · 1875
- People Ex Rel. Pruyne v. . WaltsNew York Court of Appeals · 1890
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