State Ex Rel. Gregory v. SUPERIOR COURT ETC.

Dissenting Opinion

Landis, C. J.

Petitions for habeas corpus were filed in respondent court asking for custody of children, to which defendants filed returns asserting such custody by defendants was pursuant to the decree of *58another court of competent jurisdiction. We are asked here to mandate respondent court to hear the habeas corpus actions notwithstanding the returns filed.

In this original action in the Supreme Court we are confronted with a question of conflict of jurisdiction between two courts of co-ordinate jurisdiction, viz.: the Superior Court of Marion County, Room 5, wherein the…