Smith v. Scheuerman

The opinion of the court was delivered by

Dawson, J.:

This was a proceeding in habeas corpus between two sisters for the custody of a child.

Plaintiff was the child’s mother. The defendant Sophia Scheuerman is the child’s aunt, who has had charge of its rearing for several years.

Shortly before this action was begun the child’s mother sought to obtain custody of it by force while it was attending school. A hurried telephone call brought Sophia to the scene, and she slapped her sister and sat on her. This lawsuit followed.

Plaintiff’s petition for the writ alleged that she was the natural mother of…