Duckworth v. Duckworth

Martin, J.—This

action in habeas corpus, for the custody of his minor son, Otis, was brought by Richard Duckworth against William A. Duckworth, his brother, and Lois, his brother’s wife.

The defendants filed a return to the writ denying that they illegally restrained Otis, and stating that they were ready and willing to abide any order of the court with reference to the child and asking to be discharged. Otis appeared by next friend and filed an intervening petition asking that he be placed in the custody of the defendants, his uncle and aunt.

The court overruled the plaintiff’s motion to strike…