Jolly v. Avery

The opinion of the court was delivered by

Miller, J.:

This habeas corpus proceeding involves the custody of eleven-year-old Michael Lynn Avery. His mother, Nancy E. Jolly, is the petitioner-appellee; his father, Lyndell L. Avery, is respondent and appellant. The matter was heard and the petition granted in Division 6 of the District Court of Johnson County, Kansas. The respondent raises several points on appeal, most of which involve the exercise of discretion by the trial court.

The background facts are not remarkable. Nancy and Lyndell were married in Kansas in 1957. They then moved to…