Commonwealth Ex Rel. Fortunes v. Manos

Opinion by

Hirt, J.,

This habeas corpus proceeding relates to the custody of the child of relator and respondent. They separated six years after their marriage and entered into a written agreement determining the rights of each as to their five year old son. Within six months after the separation agreement relator brought an action of divorce on the ground of indignities occurring before the separation and a decree was entered in her favor. Respondent did not contest the action. The wife then remarried and since June 1938 has lived in an apartment in Brooklyn, N. Y. After her remarriage she…