Commonwealth ex rel. D'Ercole v. Barnes

Braham, P. J.,

On June 2, 1953, this court issued a writ of habeas corpus upon the relation of Helen D’Ercole against John Barnes and Betty Barnes, his wife, to determine their right to custody of Dolores Ann D’Ercole, minor child of plaintiff. The writ was served the same day but hearing was not had on June 4th, the day fixed, but by agreement the case was heard on August 10th. In the meantime, on July 8, 1953, plaintiff took the child from defendants without their consent. On August 10th at the hearing her counsel filed a written motion to discontinue the action and an oral motion to be…