Hodgen v. Byrne

Plaintiffs in error by petition sought a writ of habeas corpus against defendant in error, respondent below, to compel the production in court of a minor child and for a determination of its proper custody. The trial court sustained a general demurrer to the petition and dismissed the proceeding. Petitioners seek reversal here.

Plaintiff in error John T. Byrne is the divorced husband of defendant in error. The child, the subject of this litigation, was the issue of the marriage of the parties in Michigan, which was the matrimonial domicile. March 18, 1936, a final decree of divorce in an…