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Domestic News June 22, 1822

Winchester Gazette

Winchester, Virginia

What is this article about?

A legal case in Genesee, Livingston County, N.Y., debated a husband's right to his wife after her father forcibly took her away despite a legal marriage against his consent. Court initially ruled against husband but granted new trial.

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Full Text

Has a man a right to the possession of his own wife?—This question it appears has been recently and gravely agitated in the Court of Common Pleas, and general Sessions of the Peace at Genesee, Livingston county, N. Y. under the following circumstances.—An action on the case was brought by the husband against the father of the wife, for forcibly taking her away, and detaining her against her own will and that of her husband. The decision in the court below was in favor of the plaintiff, and the defendant appealed.—On the trial of the appeal, it was admitted that the daughter was married, and married against the will and without the consent of the defendant. The marriage was admitted to be legal. The defendant's counsel contended that the father had a right by law, to the custody and services of his minor child, the marriage notwithstanding: and the court on that ground non-suited the plaintiff. On the subsequent day of the term, however, the court set aside the non suit, and granted a new trial; so that the parties now stand in statu quo. We may add ante bellum.

What sub-type of article is it?

Legal Or Court

What keywords are associated?

Marriage Rights Court Case Husband Wife Custody Genesee Court Livingston County

Where did it happen?

Genesee, Livingston County, N. Y.

Domestic News Details

Primary Location

Genesee, Livingston County, N. Y.

Event Date

Recently

Outcome

court set aside non-suit and granted new trial; parties in statu quo.

Event Details

Husband sued father-in-law for forcibly taking and detaining wife against her and husband's will. Marriage legal but against father's consent. Father claimed right to custody of minor child. Initial appeal trial non-suited plaintiff; later reversed for new trial.

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