MEMEH, Appellant, v. NAHTO, Appellee.
Habeas Corpus. On appeal from the Monthly and Probate Court of Montserrado County.
This is an appeal coming from the Monthly and Probate Court, Montserrado County, sitting in Chambers July 12th -16th, 1907, brought to this court by the defendant in the lower court, now appellant, against the plaintiff in the lower court, now appellee.
Upon thorough examination of the records in this case it appears that the appellee obtained the issuance of a writ of habeas corpus against the appellant for the unlawful detention of his wife. This court fails to discover from the records on what grounds the court below awarded the judgment in favour of the appellee for the recovery of £14 :1 :6, as there was no evidence to prove that the appellee had paid a penny as dowry money according to the native custom; nor does it appear that the appellee contracted marriage with the prisoner Brodah, named in the writ of habeas corpus by the native custom or otherwise. Nor does it appear from the records that the court below could have presumed marriage; hence upon the whole the court below acted without legal or constructive authority.
The judgment of the lower court is therefore reversed and the appellee ruled to pay all cost.
Given under our hands this 12thday of February, A. D. 1908.
By the Court.