In Re Young

The appropriateness of habeas corpus to determine the present rightful custody of Jo Anna Young is challenged on two grounds :

First, because the petitioners have shown no authority to make the application on behalf of Hall Young.

Secondly, even if such authority exists, Hall Young himself would he estopped by the divorce proceeding in Virginia to assert his fatherhood of Jo Anna Young, a necessary averment to support the writ.

It is provided by C. S'., 2241, that habeas corpus may be used to decide a contest “between any husband and wife, who are living in a state of separation, without being…