Herbstman v. Shiftan

363 Mich. 64 (1961)

108 N.W.2d 869

HERBSTMAN

v.

SHIFTAN.

Calendar No. 48,599.

Supreme Court of Michigan.

Decided April 26, 1961.

Rehearing denied June 7, 1961.

Thomas L. Poindexter, for plaintiff.

Felix F. Best and Kevin J. Daly, for defendants.

KAVANAGH, J.

This is an appeal by certiorari on leave granted from a circuit court order denying a father's petition for writ of habeas corpus to recover custody of his daughter, Hanna Herbstman, who, at the time of the filing of the petition in August, 1959, was 4 years old.

A hearing was held on the petition in the Jackson county circuit court. Testimony…