¶1We 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 *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.
27 Mass. 274
Commonwealth v. Hammond
Massachusetts Supreme Judicial Court
Decided October 15, 1830
Massachusetts Supreme Judicial Court · decided 1830-10-15
Upon the application of Ephraim Tufts, whom the judge of probate of the county of Suffolk had appointed guardian of Margaret F. Holst, a minor, a writ of habeas corpus was issued to Hammond, a member of the society of shakers at Harvard, commanding him to bring the minor into court.
Decided 1830-10-15