Freund v. Burns

A modified judgment of divorce granted the custody of the two infant children, the issue of the marriage, to the defendant with the right to the plaintiff to have the children during the summer vacation and at other specified periods. At the expiration of the summer vacation of 1943, the plaintiff refused to surrender the children and instituted habeas corpus proceedings in the State of Connecticut where she resided, to obtain possession of the children. The defendant appeared generally in that action and thal proceeding is now sub judice in that State. Thereafter, in the State of New York,…