COMMONWEALTH ex rel. KEVITCH v. McCUE


165 Pa.Super. 49 (1945)

Commonwealth ex rel. Kevitch v. McCue, Appellant.

Superior Court of Pennsylvania.

July 15, 1945.


Attorney(s) appearing for the Case

Daniel Marcu, with him Marcu, Marcu & Marcu, for appellant.

Irving R. Shull, with him Bernard L. Lemisch, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ARNOLD and FINE, JJ. (ROSS, J., absent).


OPINION BY HIRT, J., July 15, 1945:

Twin children of relator and respondent, now about two and one-half years old, are the subjects of this habeas corpus proceeding. Notwithstanding they are natural children, the lower court awarded their custody to their father. We granted supersedeas and the children have been with their mother pending disposition of this appeal. The order will be reversed.

When relator was discharged from the armed forces in October 1945...

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