Macready v. Wilcox
Supreme Court of Connecticut
Habeas Corpus, before the superior court, Carpenter, J., for the discharge of Henry Howard Edgar and Sarali Sophia Edgar, minor children, from the custody of the respondent. The respondent made the following return to the writ.
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Habeas Corpus, before the superior court, Carpenter, J., for the discharge of Henry Howard Edgar and Sarali Sophia Edgar, minor children, from the custody of the respondent. The respondent made the following return to the writ. The respondent, in obedience to said writ, brings the said Henry Howard Edgar and Sarah Sophia Edgar into court, and says that they are in no manner unreasonably restrained or deprived of their liberty by the respondent, that the children were placed by tlieir mother in his custody nearly two years ago, to be maintained and supported, to remain until they were fifteen…
1Opinion of the CourtPark, J.
The judge of probate for the district of Enfield appointed the respondent guardian of the minor children before the present proceeding was instituted, and it is difficult to see why he is not entitled to their custody. It is provided by statute that “.the courts of probate in their respective districts shall have power to appoint guardians to all minors, under the age for choosing guardians,, who have no father, guardian or master.” These children are under the age for choosing a guardian and have no lather or master, and unless the relator can make it appear that they have a guardian within…
2Cases cited2 opinions
- Combs v. Jefferson Pond Draining Co.Court of Appeals of Kentucky · 1860
- Penfield v. SavageSupreme Court of Connecticut · 1818
3Cited by11 opinions
- Johnson v. MansonSupreme Court of Connecticut · 1985
- O'brien's PetitionSupreme Court of Connecticut · 1906
- People ex rel. Hubert v. KaiserAppellate Division of the Supreme Court of the State of New York · 1912
- Miller v. MillerSupreme Court of Connecticut · 1969
- Wangsness v. McAlpineSouth Dakota Supreme Court · 1924
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