Warren v. Garlipp

December 2, 1911, the defendant herein, under section 70 of the Domestic Relations Law,* instituted a habeas corpus proceeding in the Supreme Court, Erie county, procuring a writ therein requiring Charles Rendee and Mary Rendee, the parents of Florence Rendee Garlipp, defendant’s wife, to produce Elmer F. Garlipp, the infant son of defendant and his said wife.

Upon the.return of the writ, and upon the moving papers, the writ and return thereto, a referee was appointed by the court who heard the testimony of the parties and reported his findings; among other things finding that the infant…