State Ex Rel. Nelson v. Whaley

Murphy, Justice.

This is a habeas corpus proceeding for the custody of an infant. The relator is Claryce Elaine Nelson, an unmarried mother, and the respondents are Byron C. Whaley and his wife, Simone, residents of Duluth, Minnesota, who now have custody of the child. Although the trial is de novo in this court 2 we have, pursuant to stipulation of the parties, considered the case on the record below.

Because of the unusual circumstances under which the respondents acquired custody of the child, the facts giving rise to the transfer of custody of the child and the background of the parties…