Commonwealth ex rel. Butler v. Ervine

Opinion by

Hirt, J.,

This habeas corpus proceeding was brought by the relatrix, the maternal grandmother of a six-year-old boy, seeking partial custody of the child from its father. The respondent James Ervine and Dolores Butler were married on July 10, 1948 and from that date they lived with her parents until the death of the wife on February 25, 1951. The child in question was born on January 10, 1950. Following his wife’s death the respondent, with the child, continued to live in the home of the relatrix until Ms remarriage on March 17,1953. Shortly thereafter the grandmother turned the…