[NO NUMBER IN ORIGINAL]
SUPREME COURT OF MASSACHUSETTS, PLYMOUTH
33 Mass. 203; 1834 Mass. LEXIS 105; 16 Pick. 203
October, 1834, Decided
[**1] Writ of habeas corpus. The facts of this case appear sufficiently from the
opinion of the Court.
Child restored to father.
A writ of
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.
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. &
Shaw, C. J. delivered the opinion of the Court.
[*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,