In Re Habeas Corpus of McMenamin

BLACKBIRD, Justice.

This is an appeal by James Patrick Mc-Menamin, divorced former husband of Norma Jean McMenamin, from a judgment of the District Court of Oklahoma County denying his petition for a writ of habeas corpus to obtain “custody”, during the month of August, 1953, of said parties’ 5}4-year-old daughter, Patricia Jean.

The parties’ divorce action was filed by McMenamin, as plaintiff, in the Court of Common Pleas of Philadelphia County, Pennsylvania, and he, then a Navy Lieutenant, had possession of the child. Approximately two months later, while said divorce action was still…