Haire v. McCarele

Mrs. McCardle brought an action for divorce against her husband, C. L. McCardle, and a divorce was granted her. In the decree the judge awarded her the custody of the children. She subsequently married Haire. The decree in the divorce proceedings allowed the father to visit the children, but the mother preferred instead to send the children to visit the father. On one occasion when two of them, under the age of twelve, were so sent to visit the father, the latter refused to return them; whereupon the mother sued out a writ of habeas corpus to obtain possession of the children thus detained.…