Brooke v. Logan

Dissenting Opinion.

Niblack, J.

I agree generally to the conclusion reached in this case, but can not concur in the intimation given that the question of the custody of a minor child may be settled in an incidental way at the time, and as a part of the proceedings, when letters of guardianship over its person and estate are applied for and issued.

An application for letters of guardianship is, in its nature, ex parte. If the question of the custody of a child may then be so settled, I can not see upon what principle such custody may not be determined upon an application for the removal of a…