Wooley v. Schoop

This case requires us to determine de novo the correctness of the ruling of the trial court denying a father custody of his eleven-year-old son in habeas corpus proceedings brought by the father. The father, Harry Wooley, hereinafter called the plaintiff, filed the petition for the writ in behalf of his son alleging that, as father, he was entitled to the custody of his child and that “the defendant refuses to deliver said child” to him. The petition set forth that the defendant made some pretension of the right of custody over the boy by reason of the fact that defendant had married the…