Commonwealth Ex Rel. McNamee v. Jackson

Opinion by

Woodside, J.,

This is an appeal from an order of the Municipal Court of Philadelphia granting custody of two minor children to their father, who had instigated this habeas corpus proceeding against Marguerite and George Jackson, the children’s maternal grandparents.

The mother and father were married June 28, 1940. They had two children, James F. McNamee, Jr., born December 2, 1942, and Joseph Gregory McNamee born October 18, 1947. On October 18, 1948, the mother and father separated, the two boys remaining with their mother who resided with her mother and father, the defendants in…