In Re Stuart

This is a proceeding in habeas corpus brought by appellants for the custody of Eugene Little, aged four and one-half years, then in the custody of his mother. On the return day of the show cause order granted upon filing the application, a motion to quash was sustained and the writ discharged. The sustaining of the motion to quash and discharge the writ is the only error assigned.

The petition alleges that the child, until immediately preceding the filing of the petition, had been in the custody of the petitioners; that the petitioners were the grandmother of the child and her husband; that…