Burton v. Walker

PIERCE, Acting Chief Judge.

The only question raised by the Burtons, appellants, on this appeal is whether the trial Court erred in entering judgment in favor of Mrs. Walker, appellee, without first affording the Burtons an opportunity to present their case.

Mrs. Walker filed a petition for writ of habeas corpus in the lower Court seeking to obtain custody of her three-year old child born out of wedlock. She alleged that she placed the child in the custody of the Burtons on a tentative arrangement with the understanding that she could take the child back into her custody on simple demand; that…