In Re: Mary Elizabeth Whetstone

Mattie Whetstone filed a petition in this Court for writ of habeas corpus or in the alternative for writ of certiorari testing the question as to who is entitled to the custody of a minor child. A writ of habeas corpus was issued by this Court, and J. A. Whetstone and Josephine M. Whetstone filed a return thereto. The cause is now before the Court on a motion for judgment notwithstanding the return.

The child, Mary Elizabeth Whetstone, was born to Miss Mattie Whetstone out of wedlock on June 17, 1931. On July 10, 1931, a petition was filed in the Juvenile Court of Duval County, Florida, by a…