State v. Baird
Supreme Court of New Jersey
The petition, which was filed in the Court of Chancery, in this case, sets forth, that the petitioner had been deserted by his wife, who had left his house in Philadelphia and, taking her five children with her, had gone to live with her father at Manchester, in this state; that petitioner had gone to Manchester, but that his wife would not see him, and that this was the only occasion since their separation, on which he had seen his children; that since their separation his…
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The petition, which was filed in the Court of Chancery, in this case, sets forth, that the petitioner had been deserted by his wife, who had left his house in Philadelphia and, taking her five children with her, had gone to live with her father at Manchester, in this state; that petitioner had gone to Manchester, but that his wife would not see him, and that this was the only occasion since their separation, on which he had seen his children; that since their separation his wife had borne to him another child, making the sixth child of the marriage; that petitioner had been credibly informed…
1Opinion of the Court
The opinion of the court was delivered by
The Chief Justice.
The present motion rests on the single ground, that an appeal will not lie from an order made by the Chancellor in á proceeding by habeas corpus.
An order made strictly in pursuance of an habeas corpus, has the effect, simply to remove the unlawful restraint, and hence 'it has been a debatable question, whether such order, being of a merely temporary character, could be properly the subject of appellate cognisance. Such an order had no •efficacy in settling the right to the continued guardianship of infants. Such is not, in technical…
2Cases cited1 opinion
- People ex rel. Barry v. MerceinNew York Court of Chancery · 1839
3Cited by5 opinions
- State v. Court of Common PleasSupreme Court of New Jersey · 1948
- In Re R.L.New Jersey Court of Chancery · 1945
- In Re KellyNew Jersey Superior Court Appellate Division · 1938
- Granger v. JohnsonSupreme Court of Rhode Island · 1977
- Borawick v. BarbaSupreme Court of New Jersey · 1951