Kaska v. Home of Holy Infancy

ARCHER, Chief Justice.

This is an appeal from an order of the District Court granting appellee’s motion for summary judgment.

The appeal is based on two points and are that the court erred in granting appel-lee’s motion for summary judgment because appellant was entitled to a hearing to determine if the child was, in fact, dependent and neglected when so adjudged, and that appellant was entitled to a hearing on the question of custody of the child.

The facts are not in dispute. Appellant filed his petition for habeas corpus seeking the custody of his unnamed minor child, alleging that he was the…