Review of the D'Hauteville Case: Recently Argued and Determined in the Court of General Sessions, for the City and County of Philadelphia

Voorkant
Weeks, Jordan and Company, 1841 - 44 pagina's
 

Geselecteerde pagina's

Veelvoorkomende woorden en zinsdelen

Populaire passages

Pagina 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.
Pagina 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.
Pagina 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...
Pagina 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.
Pagina 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.
Pagina 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...
Pagina 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.
Pagina 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.
Pagina 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...
Pagina 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.

Bibliografische gegevens