commonwealth versus wales briggs et al

commonwealth versus wales briggs et al - Commonwealth...

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Commonwealth versus Wales Briggs et al. [NO NUMBER IN ORIGINAL] SUPREME COURT OF MASSACHUSETTS, PLYMOUTH 33 Mass. 203; 1834 Mass. LEXIS 105; 16 Pick. 203 October, 1834, Decided PRIOR HISTORY: [**1] Writ of habeas corpus. The facts of this case appear sufficiently from the opinion of the Court. DISPOSITION: Child restored to father. HEADNOTES: A writ of habeas corpus may properly be issued against a wife, on the application of the husband, for the purpose of obtaining the custody of their child. Where, in the case of an unauthorized separation of a wife and child from her husband, without any apparent justifiable cause, it was not clearly proved, that the husband was unfit to have custody of the child, the Court ordered it to be restored to him. COUNSEL: Coffin and Colby, for the Commonwealth, cited, The King v. Manneville, 5 East, 221; De Manneville v. De Manneville, 10 Ves. 52; Commonwealth v. Addicks, 5 Binn. 520; S. C. 2 Serg. & Rawle 174; Rex v. Moseley, 5 East, 224, note. Warren and A. Bassett, for the respondents, cited Commonwealth v. Addicks, 5 Binn. 520; S. C. 2 Serg. & Rawle 174. JUDGES: Shaw, C. J. delivered the opinion of the Court. OPINIONBY: Shaw OPINION: [*204] Shaw C. J. delivered the opinion of the Court. This writ was sued out upon the petition of Samuel Thacher, and directed to Mehitable Thacher, wife of the petitioner, and Wales Briggs, her father,
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commonwealth versus wales briggs et al - Commonwealth...

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