The People ex rel. Barry v. Mercein

3 Hill. 399 (1842)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

The People ex rel. Barry v. Mercein

New York Supreme Court
3 Hill. 399 (1842)

JC

Facts

John Barry (plaintiff) filed a habeas corpus action to seek an order directing his father-in-law, Thomas R. Mercein (defendant), to produce Barry’s child, Mary Barry. John Barry and his wife, Eliza Anna Barry, had married in 1835. John Barry came from Nova Scotia, and not long after John married Eliza, the couple returned to Nova Scotia for a year. Eliza asked John to move to New York, which he agreed to do, but John ultimately found his business unsuccessful in New York and wanted to return to Nova Scotia. By this time, John and Eliza had two children, Mary and her older brother, Mercein Barry. John and Eliza Barry did not have much domestic harmony because Eliza wanted to live in New York, and John wanted to live in Nova Scotia. In fact, further evidence would indicate that John was hostile and overbearing toward Eliza. In June 1838, John and Eliza Barry and Thomas Mercein signed a contract in which the Barrys agreed that John would take Mercein Barry with him to Nova Scotia, whereas Eliza would keep Mary Barry and reside with Eliza’s father, Thomas Mercein. John Barry returned to New York in early 1839 but again asked Eliza to come to Nova Scotia. After Eliza refused, a lengthy period of custody proceedings began. In early 1841, a judge found that Mary Barry was not being restrained of her liberty by Thomas Mercein and discharged the writ of habeas corpus, finding that Mary did not have to be produced to her father at that time, in part due to Mary’s tender age (just shy of three years old). John began a new round of habeas corpus petitions, one of which resulted in this case. John Barry argued that he could not contract away his rights as a father, that the contract with Eliza Barry and Thomas Mercein was invalid, and that John, as the father of Mary, could and would provide for Mary’s care. Eliza and Thomas Mercein argued that Mary’s youth, illness that required her mother’s care, and even her father’s ill temper meant that Mary must be allowed to remain with her mother and grandfather.

Rule of Law

Issue

Holding and Reasoning (Cowen, J.)

Concurrence (Bronson, J.)

Dissent (Nelson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership