Thomas v. Thomas

BOUUDIN, J..

Irma Thomas, the wife, instituted proceedings by habeas corpus against Benjamin R. Thomas, the husband, to obtain the custody of their three year old child, June Thomas.

On hearing the testimony of petitioner and her witnesses, and the testimony of respondent’s mother on his behalf, the trial court announced that he did not care to hear further testimony, and dismissed the petition, thus awarding the little girl to the father. From this order the appeal is prosecuted.

The point is made that a writ of habeas corpus will not be awarded to take the cus tody of an infant, from the…