State ex rel. Patton v. Benning

— The relator, Ralph F. Patton, institutes this proceeding in habeas corpus, to recover the custody of his infant daughter, Annetta Patton. Relator and Lillian Patton, mother of Annetta, formerly husband and wife, were divorced in Omaha, Nebraska, in the year 1919. Before the divorce, but, as we understand it, after their separation, Annetta was placed by her mother in the care and custody of the defendant, Henry Benning, residing in Council Bluffs, Iowa, with whom she has ever since had her home. Benning is the father of the child’s mother, and some time after receiving the child into his…