On the Relation of Rosenbarger v. MAR. CC

This is an action for writ of mandate. The facts in the case are as follows:

Relator, the father of a child, filed an action for Writ of Habeas Corpus in the respondent court, claiming that Carl L. Spencer and Pearl Spencer, maternal grandparents of said minor child, unlawfully detained the custody of his child. A judgment unappealed from was rendered on February 26, 1953. The judgment granted custody of the child to the Spencers, but made the child a ward of the court, all “subject to the continuing jurisdiction of this court.”

On January 2, 1958 relator filed his petition in the same action,…