Cleveland Protestant Orphan Asylum v. Soule

This is a proceeding in habeas corpus brought in the court of common pleas to recover the custody of a child about eleven years of age. The court of common pleas granted the writ, and error is prosecuted to that judgment. The case raises a very interesting question of jurisdiction as between the probate court and the common pleas court. No disputed matters of fact arise in the case. The important facts to be considered in determining the questions raised are simply that in a divorce action pending between the father and mother of the child, the custody of the child had been awarded to the…