Boone v. Boone

EDGERTON, Associate Justice.

This appeal is from an order granting a writ of habeas corpus which directs appellant husband to deliver to appellee, his wife, the two young children of their marriage.

The matrimonial domicile was in North Carolina. In 1940, after the parties separated, appellant came to Washington on military service and brought the children with him. In 1941 he filed suit for divorce, in North Carolina, on the ground of two years’ separation. He then swore that both parties were residents of North Carolina. The North Carolina court, without adjudicating the question of divorce,…