Application of Habeck

This is a proceeding in habeas corpus instituted in the Circuit Court of Pennington County to obtain the custody of the three children, aged six, seven and nine, of Muriel Habeck and her former husband, Orville Habeck. The proceeding was commenced by the mother and the paternal grandmother, Mrs. Charles B. McGuire. From a judgment awarding custody of the children to Frank and Margaret Wolff, Rapid City, South Dakota, applicants have appealed.

*539Muriel Habeck commenced an action for a divorce against Orville Habeck in the District Court of Cass County, North Dakota. On March 14, 1951, a decree…