State Ex Rel. Merritt v. Eldred

Magney, Justice.

Upon the relation of Eussell Gordon Merritt, the district court for Eamsey county granted its writ of habeas corpus for the possession of relator’s seven-year-old child, Barbara Joan Merritt. Ee-spondent below, Philip E. Eldred, appealed. The matter is before this court de novo upon the evidence taken at the hearing before the district court.

Merritt, now 36, and Mary Elizabeth Losinski were married January 4, 1939. They separated in the fall of 1939. Barbara, the lawful issue of this marriage, was born January 29, 1940. On October 14, 1940, Merritt was granted a divorce by…