Practice Reports In The Supreme Court And Court Of Appeals Volume 17 by Nathan Howard

Practice Reports In The Supreme Court And Court Of Appeals Volume 17

byNathan Howard

Paperback | October 12, 2012

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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. 1859 edition. Excerpt: ... In the matter of Cuneen. form of proceeding adopted by the plaintiff to recover this money was the most advisable. She has obtained a judgment, and even if it were erroneous in that respect should not be set aside while a creditor could move to vacate the judgment. As to the defendant McKelvey's affidavit not being served with proofs, that matter is disposed of by the decision of the referee that McKelvey was personally served. He was himself examined and the testimony was contradictory. Under such circumstances the referee's finding is conclusive. In conclusion, I will merely add, that it is apparent that this is a mere struggle between creditors' priority as to the payment of their claims; the wife has obtained the first judgment, her claim is an honest one, and in equity she should be protected, and where there is no evidence of fraud on her part there is no ground for depriving her of any right she has thus acquired. The motion is denied, with $10 costs. SI7PEEME COURT. In the matter of the petition of Michael Cuneen. Although the common law and the practice of the courts maintain the right of father to the custody and care of bis infant children, yet the courts will not allow such children to be delivered to tho custody of the father, when (as in this case) to do so would be manifestly to their detriment and discomfort. New-York Special Term, May, 1859. Habeas Corpus by the petitioner, for the custody of his infant children. Clerke, Justice. The common law, no doubt, recognizes the paramount right of the father to the custody of his infant children; but, while the courts still maintian his right in preference to all others (other things being equal), they will not deliver the children to his custody, when to do so will be manifestly...

Details & Specs

Title:Practice Reports In The Supreme Court And Court Of Appeals Volume 17Format:PaperbackDimensions:196 pages, 9.69 × 7.44 × 0.42 inPublished:October 12, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217035787

ISBN - 13:9780217035781

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