Commonwealth Ex Rel. Rogers v. Daven

Dissenting Opinion by

Keller, J. :

The municipal' court held no hearing on the merits in this case; it gave no consideration to the question, whether the permanent welfare and best interest of these young children, four and six years old respectively, would be better promoted by sending them back to the boarding-house keeper in Asheville N. C., a total stranger, in whose custody they had been placed by the juvenile court of Buncombe County, N. C., or by letting them remain with their aunt, Mrs. Daven, in Philadelphia, with whom they and their mother have been living since they came north in…