Wilson v. Wilson

HIGGINS, Justice.

This case presents a controversy over the custody of two small children of the relator, Arthur A. Wilson, and the respondent, Mrs. Theora Dell Wilson. The parties were divorced and in the divorce decree the custody of the children had been previously awarded to Mrs. Wilson.

Upon the close of relator’s evidence adduced in support of his application for the writ of habeas corpus, the respondent demurred to such evidence. The demurrer was sustained and the petition dismissed.

Opinion.

The evidence offered by relator raised an issue of fact as to whether it was to the best interest…