Smith v. York

MERRILL, Justice.

This appeal is from a decree denying appellant’s petition for habeas corpus and granting custody of a minor, Elizabeth Ann York, to appellee, her paternal grandmother. A motion to set aside the decree was overruled.

Appellant is the mother of the minor. On September 9, 1964, she filed a petition for writ of habeas corpus stating that the custody of her fourteen year old minor daughter had been granted to her by virtue of a court decree but that her daughter was being unlawfully detained by the grandmother (appellee) and the grandmother had refused to deliver the child to…