Commonwealth v. Addicks
Supreme Court of Pennsylvania
rI ’HE Court, upon the application of Joseph Lee, granted a habeas corpus to the defendants, to bring up two female children, his daughters, in their custody; and they were accordingly brought into Court, under the care of then-mother, Barbara Addicks, with whom, as was stated in the return, they had lived ever since their birth.
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rI ’HE Court, upon the application of Joseph Lee, granted a habeas corpus to the defendants, to bring up two female children, his daughters, in their custody; and they were accordingly brought into Court, under the care of then-mother, Barbara Addicks, with whom, as was stated in the return, they had lived ever since their birth. One of the children was ten, the other about seven years , . °lo* read to the Court the pro- ceedings in the Common Pleas, upon a libel for divorce by £gg ;loainst Barbara, at present the wife of Addicks, by , , r , J which it appeared, that about the beginning of…
1Opinion of the Court
Tilghman C. J.
We have considered the law, and are of opinion, that although we are bound to free the person from all illegal restraints, we are not bound to decide who is entitled to the guardianship, or to deliver infants to the custody of any particular person. But we may in our discretion do so, if we think that, under the circumstances of the case, it ought to be done. For this we refer to the cases of The King v. Smith, 2 Stra. 982, and The King v. Delaval, 3 Burr. 1436. The .present case is attended with peculiar and unfortunate circumstances. We cannot avoid expressing our…
2Cited by26 opinions
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- Haaland v. BrackeenSupreme Court of the United States · 2023
- Hibbette v. BainesMississippi Supreme Court · 1900
- In re JacksonMichigan Supreme Court · 1867
- Haaland v. BrackeenSupreme Court of the United States · 2023
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