Test v. Test

The opinion of the court was delivered by

Persicie, J.

This is a contest between divorced parents for the custody of their infant son.

The primary question requiring decision on the record submitted is whether the mother, to whom custody of the child had been awarded by order of the court was, as she claims, deprived of that custody without due process of law.

By the decree nisi entered on October 27th, 1936, and made absolute on January 28th, 1937, the marriage of appellant (referred to as mother) and respondent (referred to as father) was dissolved on the ground of extreme cruelty on the part…