35 Me. 267
Supreme Judicial Court of Maine
Decided July 1, 1853
Supreme Judicial Court of Maine · decided 1853-07-01
On Exceptions from Nisi Prius, Rice, J., presiding. Replevin of a person. The writ required the officer to replevy “ Harriet M. Richardson, who sues this action in the name of Nancy Farnsworth.” Harriet M. Richardson is a child, under the age of four years, and is the daughter of the defendant and grand daughter of Mrs. Farnsworth, in whose name this suit is brought. By virtue of the writ the child was taken from its father and delivered to its grandmother.
Decided 1853-07-01
¶1— The question presented by the exceptions was decided by the Court in the case Richardson v. Richardson, 32 Maine, 560.
¶2If the defendant made a contract with the plaintiff, by which he transferred to her the care and control of his child, an action on the contract would be the proper remedy for any injury to her, caused by a breach of it, on his part. Bridges v. Bridges, 13 Maine, 408.
¶3Exceptions overruled, and nonsuit confirmed.