People ex rel. Barry v. Mercein
New York Supreme Court
Habeas corpus ad subjiciendum, issued and returned at the last term of this court. The writ commanded the respondent, Thomas R. Mercein, to bring into court Mary Mercein Barry, an infant child of John A. Barry, the relator ; the said child, as alleged, being illegally detained by the respondent, and withheld from the relator’s custody. ' The petition for the writ did not purport to be presented on behalf of the child, but by the relator in his right as father.
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Habeas corpus ad subjiciendum, issued and returned at the last term of this court. The writ commanded the respondent, Thomas R. Mercein, to bring into court Mary Mercein Barry, an infant child of John A. Barry, the relator ; the said child, as alleged, being illegally detained by the respondent, and withheld from the relator’s custody. ' The petition for the writ did not purport to be presented on behalf of the child, but by the relator in his right as father. From the petition and return it appeared that, at the time of awarding the writ, the child was about four years and six months…
1Opinion of the CourtCowen, J.
This is a proceeding by writ of habeas corpus instituted by Mr. Barry for the purpose of enforcing his rights as the father of his infant child, detained by his wife, with the sanction of her father, in the house of the latter.
The relator’s claim, in different aspects, has been examined *406and decided on several previous writs before different commissioners ; the proceedings on one of which resulted in a writ of certiorari to this court, followed by a writ of error. Costs were awarded against the relator ; and a preliminary objection is, therefore, taken, that he is not entitled to be again…
2Cases cited5 opinions
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- People ex rel. Barry v. MerceinNew York Court of Chancery · 1839
- McLaughlin v. HillSupreme Court of Vermont · 1834
- Taylor v. VandervoortNew York Supreme Court · 1832
- Wilson v. HamiltonSupreme Court of Pennsylvania · 1823