Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 74

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 74

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1876 edition. Excerpt: ...up to Mrs. J esup before she was two years old; that she has remained with her ever since; that she has been during the whole time tenderly cared for, maintained, and advanced in her education as much as the state of her health would allow; all of which has been done without the expenditure of one cent on the part of her father, the whole having been borne by appellees; and it is in evidence that the affection on the part of the appellees for the child, and on her part for them, is almost, if not quite, as strong as that which usually exists.between parents and children. It furthermore appears that appellees are abundantly able to provide for the comfort and to educate Mary Susan in the best schools in the country, and that they are as willing as they are able to do it. The question then arises, is the authority of the father paramount to every other consideration, and must the best interests of the child yield to that authority? We have already seen that courts both of law and equity will exercise a sound discretion, and will not as a matter of course interfere and take a child, though under fourteen years of age, from the possession of a third person and deliver it over to the father against the will of the child. And it is the duty of the court to see'that the infant is not restrained against her will. " In Rex. v. Delaval (3 Burr, 1434) Lord Mansfield said in cases of writs of habeas corpus directed to private persons to bring up infants the court is bound ea: debito justicioe to set infants free from any improper restraints; but they are not hound to deliver them over to any body, nor to give them any privilege. This must be left to their discretion, according to the circumstances of the particular case. And in that case more

Product details

  • Paperback | 260 pages
  • 189 x 246 x 14mm | 472g
  • United States
  • English
  • Illustrations, black and white
  • 1236769260
  • 9781236769268