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COMMONWEALTH ex rel. OLIVER v. OLIVER

165 Pa.Super. 593 (1949)

Commonwealth ex rel. Oliver, Appellant, v. Oliver.

Superior Court of Pennsylvania.

November 22, 1949.

Attorney(s) appearing for the Case

Joseph P. Devine, for appellant.

Leon Sacks, for appellee.

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

OPINION BY FINE, J., November 22, 1949:

This habeas corpus proceeding was instituted by the mother who seeks custody of two sons, ages seven and one-half and five years, now living with their father. The court below dismissed the mother's petition and she has taken this appeal.

A case of this nature requires that we consider the testimony and make such order upon the merits of the case "as to right and...

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