Atkinson v. Sowersby

The opinion of the court was delivered by

Hoch, J.:

This is a contest over the custody of an eight-year-old child — another of those distressing by-products df a broken home. The grandmother who has had the child since it was two years old, appeals from an order quashing her motion to vacate a prior order relating to custody.

Brief statement of the factual background will suffice. Kitchener Atkinson and his wife, Lena, were living in California in 1942, when the wife left for parts unknown, taking their two-year-old daughter, Rosetta, with her. In 1943 the husband secured a divorce, service upon…