Kelly v. Page

HALE, Justice.

This is a habeas corpus proceeding for the custody of minor children. Appellee, the father of the four boys involved, instituted the suit in the 13th District Court of Navarro County against appellant as Superintendent of the State Orphans Home at Corsicana. Appellant answered with a plea in abatement and various allegations as to why the relief sought should be denied. Upon a hearing without the aid of a jury the court overruled the plea in abatement and rendered judgment awarding the custody of the children to their father. Appellant says the court erred: (1) in overruling his…