Commonwealth Ex Rel. Miller v. Wagner Et Ux.

Opinion by

Ross, J.,

This is a habeas corpus proceeding involving the custody of a three-year-old boy, the contesting parties being the father and the maternal grandparents. The court below awarded custody of the child to the grandparents “until he reaches school age”, and the father has appealed to this court. Although there were two writs and two identical orders entered by tbe court below, we shall treat them as one proceeding.

The child, Mahlon A. Miller, was born on December 4, 1943, his mother dying in childbirth. On December 12, Mahlon was taken from the hospital to the home of his…