State ex rel. Billington v. Sacred Heart Orphan Asylum

These two cases were argued, briefed, and submitted as one; but the issues are somewhat distinct, the first-named case being an application for a habeas corpus, and the last-named being an action to set aside a judgment of emancipation.

Accordingly we will first consider the habeas corpus proceeding, irrespective of the emancipation feature, and afterwards consider this last phase. The connection between the two cases will appear as we proceed.

I

In the habeas corpus proceedings, the relatrix alleges (and shows) that she is the divorced wife (now remarried) of Peter Martolara, that Annie.…