Smith v. Elwood

Decided March 15, 1836

HenRietta Smith, a colored child, between nine andjten years of age, by J. A. M. Duncausen her next friend, filed her petition stating that she has no parent but her mother, a free colored woman of bad character, and unable to maintain the petitioner; that for three or four years past she was taken care of by Mrs. Dunkley, from motives of charity, who recently, on leaving this city, provided a home for the child with the said Duncausen, where she now is, and who is willing…

Decided 1836-03-15

The CouRT,

¶1however, (nem. con.) was of opinion that the justices had no jurisdiction, as the child was not before them.

¶2Mr. Duncausen and Mr. Elwood, each.applied to the Court to have the child bound to him. The Court said they were willing to hear the statements of both, and any evidence which either might produce.

¶3Mr. Duncausen then read a statement of the facts which preceded the present application; whereupon

¶4The Court ordered the child to be discharged from the indentures, and to be bound out to Mr. Duncausen by the Orphans’ Court, on the terms mentioned in the discharged ’ indentures ; Cranch, C. J., doubting; being rather of opinion' that it was a case in which the Court could only discharge, and could not make, any further order.