Kailer v. Kailer

The opinion of the court was delivered by

Dawson, J.:

The petitioner, David Kailer, brought this proceeding in habeas corpus against his brother and • sister-in-law, George and Margaret Kailer, to procure custody of his two children, Floyd Jack Kailer and Dorothy Mae Kailer, twins, whom petitioner intrusted to respondents because of the death of their mother when they were eleven days old, and because petitioner’s financial and 'domestic circumstances at that time made it impossible to properly care for the infants himself.

Petitioner never surrendered his legal right to the custody of his…