Barry v. Mercien
In Barry v. Mercien, (5 How.) 46 U.S. 103 (1847), the controversy was between the father and mother of an infant daughter, each claiming her custody.
To the judgment of the Circuit Court of New York, denying the writ of habeas corpus prayed for by the father against his wife, who had possession of the child, he sued out a writ of error.
A motion was made to dismiss for the want of jurisdiction; and this Court held that it had appellate jurisdiction only when rights of property were concerned, and that the matter in dispute was utterly incapable of being reduced to a money standard; and hence dismissed the cause.