Review of the D'Hauteville Case: Recently Argued and Determined in the Court of General Sessions, for the City and County of PhiladelphiaWeeks, Jordan and Company, 1841 - 44 עמודים |
מונחים וביטויים נפוצים
Addicks admitted appear arrival authority Boston cause character child circumstances claimed the custody cohabiting common law doctrine Commonwealth conduct consent considered controversy counsel court of justice cruelty custody of infants d'Haute d'Hauteville d'Hauteville's daughter David Sears decided decision Delaval desert her husband desire determination divorce doubt duties effect Ellen entirely evidence exercise express a choice fact father favor federacy feelings friends Grandvilliers grave consideration ground habeas corpus happiness Hauteville husband and wife immoral incompetency influence interfere judge judicial discretion justify Law Reporter letter live Lord Eldon Manneville marital rights marriage married Massachusetts matter moral mother never offence opinion parents Paris parties Paul Daniel Pennsylvania position proper protection question re-union recognised refused regard relator remark respect SAMUEL ABBOTT GREEN Sears seems separation SIGILL society Switzerland tender age thing tion unfit unlawful Westmeath whole wife's
קטעים בולטים
עמוד 9 - I do not like thee, Dr. Fell ; The reason why I cannot tell ; But this I know, and know full well, I do not like thee, Dr. Fell," who rudely called Hobbes " irritabile illud ct vanissimum Malmsburiense animal.
עמוד 29 - When an infant is brought before the Court by habeas corpus, if he be of an age to exercise a choice, the Court leaves him to elect where he will go.
עמוד 27 - Case similar to this, which would authorize my making the Order sought, in either alternative. If any could be found, I would most gladly adopt it ; for, in a moral point of view, I know of no act more harsh or cruel, than depriving the Mother of proper intercourse withher Child. I was myself Counsel in two Cases in which Lord Eldon refused Petitions precisely similar. Smith v. Smith...
עמוד 29 - The father is the natural guardian of his infant children, and in the absence of good and sufficient cause, such as ill usage, grossly immoral principles or habits, want of ability, etc., is entitled to their custody, care, and education.
עמוד 30 - Where there is a controversy between parents for the custody of their child, the right of the father is preferred to that of the mother, but the welfare of the child will be the criterion by which the custody is awarded.
עמוד 30 - It becomes important, then, to inquire, who has the legal right to the custody of this infant, and it seems to me, that the answer that would rise to the lips of any one, however unskilled he might be in the science of the law, would be, that such right resides in the father. The law of nature, the feelings which God has implanted both in...
עמוד 29 - And the court will feel bound to restore the custody, where the law has placed it, with the father, unless in a clear and strong case of unfitness on his part to have such custody.
עמוד 40 - After fully considering the several cases, the court are satisfied that the gist of a conspiracy is the unlawful confederacy to do an unlawful act, or even a lawful act for unlawful purposes. That the offence is complete, when the confederacy is made, and any act done in pursuance of it is no constituent part of the offence, but merely an aggravation of it.
עמוד 30 - ... that the answer that would rise to the lips of any one, however unskilled he might be in the science of the law, would be that such right resides in the father. The law of nature, the feelings which God has implanted both in the man and the brute, alike demand that he who is nearest to it, who is...
עמוד 27 - ... right to the care and custody of his child. It resolves itself into a case for authorities ; and I must consider what has been looked upon as the law on this point. I do not know that I have any authority to interfere. I do not know of any one case ''similar to this, which would authorize my making the order sought, in either alternative.