Commonwealth v. Hammond

Massachusetts Supreme Judicial Court

Commonwealth v. Hammond

27 Mass. 274

CourtMassachusetts Supreme Judicial Court

DecidedOctober 15, 1830

StatusPublished

This text of 27 Mass. 274 (Commonwealth v. Hammond) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Hammond, 27 Mass. 274 (Mass. 1830).

Pincite

Opinion

Per Curiam.

We do not think proper to decide upon the relative rights of tire mother and the guardian in respect to the custody of the child, as they are only incidentally drawn in [280]*280question The application is to the discretion of the Court, and the Court will not interfere where the liberty of the party is not injuriously or unwarrantably infringed. That is not the case in the present instance ; and the order of the Court therefore is, that the child be at liberty to remain in the charge of the respondent, or to go at large, as she may elect.

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Per Curiam.

We do not think proper to decide upon the relative rights of tire mother and the guardian in respect to the custody of the child, as they are only incidentally drawn in [280]*280question The application is to the discretion of the Court, and the Court will not interfere where the liberty of the party is not injuriously or unwarrantably infringed. That is not the case in the present instance ; and the order of the Court therefore is, that the child be at liberty to remain in the charge of the respondent, or to go at large, as she may elect.

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Bluebook (online)

27 Mass. 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-hammond-mass-1830.