People ex rel. Mahoff v. Matsoui

This writ of habeas corpus was to secure to the relator the custody of her infant daughter, Nina, five years of age, now living with her father, the respondent. The parties met in Russia in 1919 and lived together in Russia, Turkey and the United States until 1929 without interruption, representing themselves to be husband and wife. It is conceded, however, that no ceremonial marriage ever occurred. The respondent relies upon an alleged common-law marriage to support his claim to the custody of the child. He contends that the relator is his wife, that she has renounced her duty and forsaken…