Loury against Reynes
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1793 |
| Date | 01 January 1793 |
| Court | Court of the King's Bench |
English Reports Citation: 83 E.R. 526
COURT OF KING'S BENCH
[217] term. sangt. hlll. anno 29 & 30 car. II. in banco regis. loury against reynes. Where an infant hath only goods, the Ecclesiastical Court may appoint him a guardian. Prohibition was prayed to the Ecclesiastical Court of York to stay a suit there by a curator, which that Court had appointed to an infant who had only personal estate, against another who detained the person of the infant from him ; and the suit was to have the person of the infant deliverer! to him. Curia. The Spiritual Court may appoint a curator for an infant that hath only personal estate, but whether such curator can maintain an action there for the custody of the person 1 they seemed to doubt. But they granted a prohibition, and ordered the plaintiff to declare that the matter might come judicially before the Court; accordingly it was done, and in Hillary term 30 & 31, the case came to be argued. The declaration was, that the title to guardianship is determinable at common law ; nevertheless, that the defendant had libell'd against him in the Spiritual Court, that by the canons and ecclesiastical constitutions any person having the tuition of an infant under age committed to him by the will of the father, or per judicem competentem, ought to have the...
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