{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

people v. nickerson

people v. nickerson - THE PEOPLE ex rel I NICKERSON v[NO...

Info icon This preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
THE PEOPLE, ex rel. I. NICKERSON, v. [NO NUMBER IN ORIGINAL] SUPREME COURT OF JUDICATURE OF NEW YORK 19 Wend. 16; 1837 N.Y. LEXIS 188 August, 1837, Decided PRIOR HISTORY: [**1] HABEAS CORPUS in the case of a 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 The mother in this case had withdrawn herself from the protection of her husband and went to reside in the house of her father, and took with her an infant child; to obtain the custody of which the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: HEADNOTES: Father, the Natural Guardian of Children and Entitled to Their Custody--Court may Award Custody to Mother-- Statute-- Separation of Father and Mother. The father is the natural guardian of his infant children, and in the absence of ill usage, grossly immoral principles or habits, or want of ability to provide for his children, is entitled to their custody, care and education; and cannot, at common law, be controlled by the courts in the exercise of his paternal rights, except as above, or for an abuse of the trust confided to him by law. By statute, this court on the application of the mother, where a husband and wife live in a state of separation without being divorced, may award the charge and custody of such children to the mother. It seems, however, that this power will be exercised only in cases of a separation of husband and wife by judicial decree or by mutual consent; and not where the wife of her own accord without justifiable cause withdraws herself from the protection of her husband. It also seems, that a separation without consent will not be approved except where a divorce a vinculo matrimonii , or a mensa et thoro would be decreed by a Court of Chancery. Citations--1 Str., 579; 2 Ld. Raym., 1334; 3 Burr., 1436; 5 East 221; 9 J. B. Moore, 278; 10 Ves., 51; 12 Ves., 492; 2 Russ., 1, 9; Jacob, 245; 4 Cond. Ch., 115, 120; 2 Sim., 35; 2 Cond. Ch., 299; 8 Johns. 328; 2 Kent, Com., 194, 220; 1 Dow, N. S., 152; 2 Fonbl., 232, n. ; 2 Bro. C.C., 101, Lofft., 74, 78; 1 Dow. P. C., 81; 2 Cox, 242; 2 R. S., 145-147, secs. 6, 7, art. 3, 4; 148, 149, secs. 1, 2, 3; 150, sec. 1. JUDGES: Nelson, Ch. J. OPINIONBY: NELSON OPINION: [*16] 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, etc., is entitled to their custody, care and education. All the authorities concur on this point. 1 Str., 579; 2 Ld. Raym,, 1334; 3 Burr., 1436; 5 East 221; 9 J. B. Moore 278; 10 Ves., 51; 12 Ves. 492; 2 Russ. 1; Jacob, 245, and notes to the case; 4 Cond. Ch. 115; 2 Simon 35; 2 Cond. Ch.
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern