Daugherty v. Nelson

BOUR, C.

This is an original proceeding in habeas corpus, wherein the petitioner, Phillip L. Daugherty, seeks to obtain the custody of his two minor children,,-Darline Leona Daugherty and James Earl Daugherty. The respondent is Mrs. J. Y. Nelson, the children’s maternal great-aunt. . The matters upon which petitioner and respondent join issue appear .from respondent’s return and petitioner’s answer thereto. . -

In the return respondent states that she has custody and control of said children by virtue of (1) decree of the district court of Douglas County, Nebraska dated December 10, 1948,…