Mercein v. People ex rel. Barry
New York Supreme Court
'"Error from the supreme court. In 1835, the relator then [ *65 ] being a subject of the king of Great Britain, intermarried in the city of New-York with Eliza Anna, the daughter of Thomas R. Mereein, a citizen of this country. The relator took his wife to Nova Scotia and resided there about a year, when he removed to the city of New-York, where he resided until 1838. In the meantime, two children were born, the issue of the marriage, one a son and the other a daughter.
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'"Error from the supreme court. In 1835, the relator then [ *65 ] being a subject of the king of Great Britain, intermarried in the city of New-York with Eliza Anna, the daughter of Thomas R. Mereein, a citizen of this country. The relator took his wife to Nova Scotia and resided there about a year, when he removed to the city of New-York, where he resided until 1838. In the meantime, two children were born, the issue of the marriage, one a son and the other a daughter. In April, 1838, the relator having become embarrassed in his circumstances, returned to Nova Scotia with four daughters, the…
1Opinion of the Court
After advisement, the following opinion was delivered in the supreme court:
By the CoiCrt,
Bronson, J.
We have so recently considered some of the questions which arise in this case, that it cannot be necessary to examine them much at large on the present occasion. Nothing which fell from the respondent’s counsel has shaken the opinion we have heretofore expressed, that in these unhappy controversies between husband and wife, the former, *57if he chooses to assert his right, has the better title to the custody of their minor children. The law regards him as the head of the family ; obliges him to…
2Cases cited25 opinions
- The Santissima Trinidad.Supreme Court of the United States · 1822
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Simson v. HartCourt for the Trial of Impeachments and Correction of Errors · 1816
- Yates v. PeopleNew York Supreme Court · 1810
- Carson v. MurrayNew York Court of Chancery · 1831
20 more not listed; retrieve them via the Exa API.
3Cited by122 opinions
- In Re BurrusSupreme Court of the United States · 1890
- People Ex Rel. Lawrence v. . BradyNew York Court of Appeals · 1874
- Purinton v. JamrockMassachusetts Supreme Judicial Court · 1907
- Nugent v. PowellWyoming Supreme Court · 1893
- Weir v. MarleySupreme Court of Missouri · 1889
117 more not listed; retrieve them via the Exa API.