Legate v. Legate

DEFMAF, Associate Justice.

In this cause the Court of Civil Appeals for the Fifth Supreme Judicial District has certified to this court for decision the following questions, to wit:

“1. Where the father and mother have voluntarily relinquished the custody of their infant daughter to another, and desire to resume the custody of the child, has the District Court, under our amended Constitution, upon the application of the father as next friend of the child, jurisdiction to issue the writ of habeas corpus, and to determine in that proceeding to whom the custody of the child rightfully belongs?

“2.…