Hendrix v. McClelland

Nichols, Justice.

Clifton Hendrix filed the present petition in the nature of a habeas corpus to obtain custody of his minor child after his wife, from whom he had previously been divorced, was killed in an automobile collision. The wife had been awarded custody of the child in the divorce proceedings and the child’s aunt, her mother’s sister, and her husband were allegedly illegally restraining such child.. On the trial of the issue thus made it was stipulated that the plaintiff, the child’s father, was entitled to custody unless the defendants should show that he was not entitled to have…