People Ex Rel. Herzog v. Morgan

This is a habeas corpus proceeding brought by the father of two children for an apportionment of their custody between him and their mother.

On June 28, 1933, the parties entered into an agreement of separation whereby the custody of the children was granted to the father during July and August and the Easter vacation of each year and to the mother at other times but with the privilege to the father of daily visitation. Pursuant to this agreement the father set up trust funds from which the mother has received for the support of the children $416 each month.

In May, 1935, the mother was granted…