Hohmann v. Walch

Matson, Justice.

Pursuant to a writ of habeas corpus issued upon the relation of the surviving parent, Leonard Hohmann, the district court ordered judgment awarding relator the custody of his two children, Daniel Hohmann, aged 15, and Judith Hohmann, aged 13, who, upon the death of their mother, remained in the possession of their stepfather, the appellant herein.

Upon appeal from the judgment, this corut appointed a referee to take testimony. Pursuant to stipulation of the parties, this court, in making its de novo determination, has considered not only the transcript of the testimony…