English Ruling Cases volume 12

Cover English Ruling Cases volume 12
English Ruling Cases volume 12
Robert Campbell
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VOL. XII. ] HABEAS CORPUS, 493 Nos. 1, 2. — Hobhouse's Case : In re Jacques Besset. — Notes.
654, 22 R. R. 820. Before the decision in Reg. V. Jackson, supra, where the wife was by her own desire living apart from her husband and was under no restraint, the Court refused a habeas corpus on the application of the husband for the purpose of restoring her to his cus- tody. Reg. V. Legatt (1852), 18 Q. B. 781; s. ••. Nom. Ex parte Sandi- lands, 21 L. J. Q. B. 312. On a motion for a writ to issue to
... a private person on the application of the husband to bring up the body of his wife, the affidavit must state that she is detained against her will. Rex v. Wiseman (1805), 2 Smith, 017. 8 R. B. 724.
Where the custody of an infant is in question, the matter rests abso- lutely in the discretion of the Judge, and the interests of the child are primarily to be considered by him: In re Taylor (1876), 4 Ch. D. 157, 46 L. /. Ch. 399, 36 L. T. 109. 25 W. R. 09. Subject to this the Court will grant a writ of habeas corpus to the person having a legal right to the custody of the infant: In re Matthews (1800), 12 Ir.


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