State Ex Rel. Glaser v. Vickner

O’NIELL, O. J.

This is a mandamus proceeding to compel a judge of the civil district court to grant a suspensive appeal from a judgment making a writ of habeas corpus absolute, and ordering the defendants to deliver over to the plaintiff his five year old child. The child’s mother is dead. The defendants, relators in this proceeding, are the maternal grandparents and a maternal aunt of the child.

Although there seems to be no right of appeal from a judgment that does nothing more than to make a writ of habeas corpus absolute, there is a right of appeal from a judgment affecting the custody or…