Robert McNabb v. James Dunn ~ 1847
State of North Carolina
To the Honourable Joseph J. Daniel one of the Judges of the Supreme
Court of North Carolina
The Petition of Robert McNabb shews to your Honour that he is the
Father of an infant daughter, now about twelve years of age called Ann
McNabb; That your Petitioner is a clergyman in the Baptist Church and
on the 27th day June 1833 married the daughter of James Dunn of Duplin
County; that by the said marriage the said daughter Ann was born on the
22d day of April 1835; That on the 11th March 1837 your Petitioner's
wife died leaving him a widower with an infant daughter about two years
of age an object to him of the deepest solicitude; That at the earnest
desire of the said James Dunn and his Lady, your Petitioner left his
daughter in the care of her grand-parents, where she continued until
the marriage of your Petitioner to a second wife on the 9th day of
September 1845; That in November 1845 he went to bring his daughter
home, but at the earnest request of the said Dunn who was then a
widower, his wife having also died in September about the time of your
Petitioner's marriage, your Petitioner agreed to let his daughter
remain a month or two longer.
At the end of that time Petitioner brought his daughter home, where she
remained about two months, happy and contented and was affectionately
treated by Petitioner and his Lady.
At the earnest request of the said Dunn your Petitioner permitted his
daughter to go home with him and remain until your Petitioner should
pay him a visit in company with his Lady, which visit was paid in May
1846, when your Petitioner again brought home his daughter, where she
remained until about the last of December 1846, perfectly contented and
happy and well treated by Petitioner and family.
About that time upon repeated and pressing invitations from him your
Petitioner took his daughter again to visit her grand-father, where she
remained with Petitioner's consent until about the 8th day of the
present month, when your Petitioner went to Kenansville in Duplin
County, where Dunn resides, where in place of being politely and kindly
received, he was rudly treated and abused by the said Dunn, when
Petitioner left his house and in the same evening or the next morning
wrote him a letter, informing him in substance, that he wished to take
his daughter home and intended to do so to which letter he got no
reply.
That on the 17th he went down for the purpose of taking his daughter
home, but the said Dunn had gone to Wayne and consequently could not be
seen, but understanding that his daughter had been left in the care of
Mr. John Kelly of Kenansville, he demanded her of the said John Kelly,
who refused to give her up, saying that he could not get her until Mr.
Dunn returned.
On the next day having consulted Counsel he returned to Kenansville
where he found Dunn of whom he demanded his daughter of said Dunn in
the presence of witnesses, and said Dunn refused to give her up,
abusing your Petitioner and using to him very harsh language, and
contended that he had some right to her as well as your Petitioner.
Your Petitioner shews to your Honour that he is a suitable person to
have the charge of his own child and has a wife of excellent character
and disposition, well calculated to have the charge of a young female
and who is desirous to discharge to your Petitioner's daughter those
duties which properly devolve on her in the relation of wife existing
between her and your Petitioner.
That the said Dunn is an infirm old man and has no woman about his
house suitable to have the care of a young female, and your Petitioner
farther shews to your Honour that the said Dunn has become exceedingly
hostile to your Petitioner and has tauntingly told him that his
daughter is unwilling to live with him; and your Petitioner is in fact
informed and so believes that pains are taken by the said Dunn and
others under his influence to poison the mind of your Petitioner's
daughter against him to alienate her feelings from him.
Wherefore your Petitioner prays your Honour to issue the State's writ
of Habeas Corpus commanding him to have the body of the said Ann McNabb
before your Honor at the Supreme Court room in Raleigh on the [blank]
to be dealt with as to your Honor may seem meet and your Petitioner
will ever pray &c.
Dobbin & Strange
State of North Carolina }
Cumberland County } SS
Robert McNabb makes oath that the matters and things set forth in the
foregoing Petition as of his own knowledge are true and those otherwise
stated he believes to be true.
Robt. McNabb
Sworn to before
DG MacRae CSC
& Commissioner of affidavits
-----
State of North Carolina
To the Sheriff of Duplin County Greeting
Whereas it appears to me John Joseph Daniel one of the Judges of the
Supreme Court of North Carolina that James Dunn of Duplin County doth
hold in his custody (unjustly or it is said) one Ann McNabb an infant
of tender years. These are therefore to command you to make known to
the said James Dunn that he have the body of said Ann McNabb before me
at the Court room in Raleigh at 5 oclock PM on the 15th day of June
next, with the cause his detention of the body of the said Ann McNabb,
and that he entrust to whatsoever may seem right in the premises.
Herein fail not and have you then and there this writ with you doings?
thereon Given under my hand & seal this 29th day of May 1847.
J.J. Daniel J.S.C.
-----
James Dunn for return to the within writ & saith that he hath have
pursuant to the command of the within writ his grand daughter Ann
McNabb who is the daughter of Robert McNabb to be disposed of as your
Honor may direct having no claim or wish to retain her against her will
or contrary to law - Raleigh
June 15th 1847
State of North Carolina
Upon this return - It is ordered that the defendant James Dunn do
deliver to Robert McNabb the Petitioner his daughter Ann McNabb, he
being by law entitled to her custody - Raleigh June 15th 1847
J.J. Daniel J.S.C.
[Jacket reads: McNabb vs Dunn, Hab. Corpus - Executed E.E. Hussey,
Shff]
Source: Supreme Court Case #4141, McNabb v. Dunn
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