In Re Ogden

The constitutional and statutory provisions with respect to writs of habeas corpus are made applicable to controversies as to the custody of children when the parents are “living in a state of separation without being divorced.” C. S., 2241. And in such cases, by virtue of C. S., 2242, when a contest has arisen, “either party may appeal to the Supreme Court from the final judgment.”

The court below found as a fact that the petitioner, the husband and father, resides in the State of Florida, and that by a decree of a court of competent jurisdiction in that state the bonds of matrimony were…