Legal Opinion

Barry v. Mercein

Supreme Court of the United States

Decided January 19, 1847PublishedCited by 73 opinions

This case was brought up by writ of error from the Circuit Court of the United States ibr the Southern District of New York.

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This case was brought up by writ of error from the Circuit Court of the United States ibr the Southern District of New York. The facts are sufficiently^ set forth in the opinion of the court, to which the reader is referred. • In the summer of 1844, John A. Barry, the plaintiff in error, pre- ■ sented his petition to the Circuit Court for the Southern District of New York-, praying that a writ of habeas corpvs ad subjiciendum, might issue, directing Eliza Ann Barry, the wife of petitioner, and Mary Mercein, her mother, to bring up the person of an infant child, the daughter of :the petitioner…

1Opinion of the CourtChief Justice Taney

This casp is- brought up by writ of error to the Circuit Court for the Southern District of New York. .

It appears from the record that the plaintiff in error is a subject of. the queen of Great Britain, and resides in Liverpool, Nova Sco- tia. In April, 1835, he intermarried with Eliza Ann Barry, one of the defendants in error, who is the daughter of the late Thomas B. Mercein, of the city of New York ; - and upon some unfortunate disagreement between the. plaintiff in error and his wife, a separation took place in the year 1838, and they have ever since lived apart ; she residing in New…

2Cited by73 opinions

  1. Felker v. TurpinSupreme Court of the United States · 1996
  2. In Re BurrusSupreme Court of the United States · 1890
  3. Kurtz v. MoffittSupreme Court of the United States · 1885
  4. Elgin v. MarshallSupreme Court of the United States · 1883
  5. American Construction Co. v. Jacksonville, Tampa & Key West Railway Co.Supreme Court of the United States · 1893

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