People ex rel. Yarmulnick v. Hoff

Petitioner, Barney Yarmulnick, filed his petition for a writ of habeas corpus against respondent Vera Hoff, a sister of his deceased wife, to obtain custody of his daughter Lena. Respondent filed her return and asked that the writ be quashed and the petition dismissed. The cause was tried by the court without a jury, and an order was entered awarding the custody of Lena to the petitioner, from which order the appeal is taken.

Respondent contends that petitioner’s right to custody of his child is not absolute; that the best interest and welfare of the child, considering all the circumstances,…