People ex rel. Kessler v. Cotter

In this habeas corpus proceeding, pursuant to article 77 of the Civil Practice Act, the contest was between the father and the mother for the custody of the child. The parties had previously been divorced and the mother had remarried. The order of the Special Term awarded the custody not to either parent but to a third person, an aunt of the child. There is no finding that the mother was an improper and unfit person or that she had abandoned her right to the care and custody of her child. On the other hand, there is no specific finding to that effect in respect to the father. The court did…