McDonald v. Short

— This was a habeas corpus proceeding brought by appellant to obtain from appellees the custody of his four children aged 12, 10, 8 and 6, respectively. A motion to quash was sustained and, appellant refusing to plead further, judgment was rendered that he take nothing by his petition and that appellees recover their costs. The sustaining of the motion to quash the writ is the only error assigned.

The motion to quash was effective to test the sufficiency of the application to sustain the writ. Schleuter v. Canatsy (1897), 148 Ind. 384, 47 N. E. 825; Willis v. Bayles (1886), 105 Ind. 363, 5 N.…