People ex rel. Nickerson v.
New York Supreme Court
Habeas corpus in the case of á minor child, on the question of its custody, as between the parents. The mother in this case had withdrawn herself from- the protection of her husband and went to reside in (he house of her faiher, and took with her an infant child; to obtain the custody of which the father sued out a habeas corpus. ' On the return of the writ numerous • affidavits were produced on both sides, and after hearing counsel, the following opinion was delivered :
1Opinion of the Court
By the Court, Nelson, Ch. J.
The father is the natural guardian of his infant children, and in the absence of good and sufficient reasons shown to the court, such as ill usage, grossly immoral principles or habits, want of ability, &c. is entitled to their custody, care and education. All the authorities concur on this point. 1 Strange, 579. 2 Ld. Raym. 1334. 3 Burr. 1436. 5 East, 221. 9 J. B. Moore, 278. 10 Vesey, 51. 12 id. 492. 2 Russell, 1. Jacob, 245, and notes to the case. 4 Cond. Ch. 115. 2 Simon, 35. 2 Cond. Ch. 299. 8 Johns. R. 328. 2 Kent’s Comm. 220 and 194. 1 Dow. N. S. 152. 2…
2Cited by23 opinions
- In Re BurrusSupreme Court of the United States · 1890
- Finlay v. FinlayNew York Court of Appeals · 1925
- Mercein v. People ex rel. BarryNew York Supreme Court · 1840
- In re ScarrittSupreme Court of Missouri · 1882
- Ullman v. UllmanAppellate Division of the Supreme Court of the State of New York · 1912
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