State Ex Rel. Martinez v. Hattier

O’NIELL, Chief Justice.

This is a proceeding by habeas corpus,by which the relator is seeking to have his child taken from h.er mother and placed in his care and custody. The child is a girl only three years of age. The parents had quarreled and were separated for about five months, the father living with his parents and the mother and child with the mother’s parents, when the writ of habeas corpus was granted. On the day-fixed for the hearing of the suit the wife filed a suit for separation from bed and board, on the ground that her husband had been guilty of cruel treatment of such a nature…