Commonwealth Ex Rel. v. Cook

Opinion by

Keller, P. J.,

The Act of July 11, 1917, P. L. 817, authorizing appeals to this court in all habeas corpus cases involving the custody of children provides that we “shall consider the testimony and make such order upon the merits of the case, either in affirmance, reversal or modification of the order appealed from, as to right and justice shall belong.” This places a heavy responsibility upon us. The duty of deciding which of two persons is to have the custody of the child is especially difficult when the moral fitness of each of them is conceded, and the court below, for whose…