Henderson v. Kleinman

This is an appeal from a judgment for the appellee on a complaint for a writ of habeas corpus. 1 The assignment of errors alleges the trial court erred (1) “in failing and refusing to give appellant judgment on the pleadings upon proper motion therefor,” and (2) “in overruling appellant’s motion for a new trial;”

On January 20, 1949, the appellant Helen Marie Frick was divorced from her husband, Homer Frederick Frick, by decree of the Superior Court of Marion County, a certified copy thereof being introduced in evidence. This court in its decree awarded the custody of the minor children,…