Downs v. Norris

HARWOOD, Judge.

This is an appeal from a judgment of the Probate Court of Marshall County entered in a habeas corpus proceeding instituted by appellant seeking to gain the custody of his three minor children. Appellee is the maternal grandfather of the children and has had their custody since 1943.

Upon hearing the lower court continued the custody of the children in the grandfather, and judgment to this effect was entered on July 2, 1945.

On July 3, 1945, appellant, petitioner below, gave notice of appeal. The record shows that security for costs was not taken and approved until March 12, 1946,…