Shippen v. Bailey

Opinion op the Court by

Stanley, Commissioner

Affirming.

This is a habeas corpus proceeding by a mother to take from their father the custody and control of two children, a girl 15 and a boy 13 years old.

Before stating the facts, it may be well to observe that as it relates to this kind of a case, the proceeding partakes of the incidents of a suit in equity, and is considered to be one in rem, the child being the res, and the inquiry extends far beyond the issues that are ordinarily involved in a habeas corpus proceeding. The decision may not be based necessarily upon the legal right of the…