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Commonwealth Ex Rel. Kelley v. Kelley

Superior Court of Pennsylvania

Decided November 21, 1923No. Appeal, 184PublishedCited by 8 opinions

Appeal, No. 184, Oct. T., 1923,, by plaintiff, from judgment of the Municipal Court of Phila. Co., Domestic Relations Division, No. 33684, dismissing petition for writ of habeas corpus in the case of Commonwealth, ex rel. Elizabeth Kelley, v. Michael J. Kelley. Petition for writ of habeas corpus. Before Brown, P. J. and Gorman, J. The facts are stated in the opinion of the Superior Court. The court dismissed the petition. Plaintiff appealed.

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Appeal, No. 184, Oct. T., 1923,, by plaintiff, from judgment of the Municipal Court of Phila. Co., Domestic Relations Division, No. 33684, dismissing petition for writ of habeas corpus in the case of Commonwealth, ex rel. Elizabeth Kelley, v. Michael J. Kelley. Petition for writ of habeas corpus. Before Brown, P. J. and Gorman, J. The facts are stated in the opinion of the Superior Court. The court dismissed the petition. Plaintiff appealed. Error assigned was the decree of the court.

1Opinion of the Court

Opinion by

Trexler, J.,

The matter came before the court upon petition of Mrs. Kelley praying for the custody of her minor child, William Kelley, who, heretofore, had been placed in the custody of his father by an order of court. The father is a Catholic and the mother is a Protestant. The boy was in Perkiomen Seminary, and the father asked the court to award the custody of the boy to him because he wanted the boy at home. The court made an order giving the child to the father, who then placed him in St. Villa Maria, an educational institution at West Chester. After hearing the testimony upon…

2Cases cited3 opinions

  1. Commonwealth ex rel. Sage v. SageSupreme Court of Pennsylvania · 1894
  2. Commonwealth v. BickelSuperior Court of Pennsylvania · 1922
  3. Commonwealth v. McClellandSuperior Court of Pennsylvania · 1918

3Cited by8 opinions

  1. Com. Ex Rel. Stevens v. ShannonSuperior Court of Pennsylvania · 1932
  2. Commonwealth Ex Rel. Kuntz v. StackhouseSuperior Court of Pennsylvania · 1954
  3. Commonwealth Ex Rel. Manning v. ManningSuperior Court of Pennsylvania · 1926
  4. Commonwealth Ex Rel. Donie v. FerreeSuperior Court of Pennsylvania · 1954
  5. Commonwealth Ex Rel. Weber v. MillerSuperior Court of Pennsylvania · 1924

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