In Re Memmi

This is a proceeding in habeas corpus brought to recover the custody of a minor child of petitioner and respondent allegedly at present unlawfully detained by the latter. The writ having issued, a return was made thereto by respondent who has possession of the child and the matter is now before us to determine as between petitioner and respondent, the right to the custody of said minor, Gracie Ann Memmi.

The history of the case as disclosed by the record is that petitioner Joseph Memmi and respondent Marion B. Whit-taker (formerly Marion B. Memmi) were married to each other February 22, 1941,…