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The People, ex rel. John A. Barry v. Thomas R. Mercein

8 Paige Ch. 47 (1839)

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The People, ex rel. John A. Barry v. Thomas R. Mercein

New York Chancery Court
8 Paige Ch. 47 (1839)

Facts

John Barry (plaintiff) and Eliza Mercein were married in 1835. John was a widower with five children and a resident of Nova Scotia. Eliza was from New York, and it was agreed that within a year, John would close his business in Nova Scotia and they would establish themselves in New York. The family moved to New York in 1836, where Eliza gave birth to a daughter, Mary. There was evidence of John being overbearing and cruel to Eliza on several occasions while the family was residing in New York. John’s new business failed, and he returned to Nova Scotia with his older children. However, Eliza refused to leave New York, and Thomas Mercein (defendant), Eliza’s father, declined John’s requests for assistance in persuading Eliza to go. John filed a writ of habeas corpus against Thomas, seeking custody of Eliza and Mary. John alleged that Thomas was illegally restraining both of them and keeping them from John in violation of John’s marital and paternal rights. Thomas answered that Eliza was under no restraint and was at complete liberty to go where she pleased. Eliza confirmed that she was under no coercion to remain at her father’s home.

Rule of Law

Issue

Holding and Reasoning (The chancellor)

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