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COM. ex rel. LUCCHETTI v. LUCCHETTI

166 Pa.Super. 530 (1950)

Commonwealth ex rel. Lucchetti v. Lucchetti, Appellant.

Superior Court of Pennsylvania.

April 11, 1950.

Attorney(s) appearing for the Case

Louis Sherman, for appellant.

John C. Schmidt, with him Diamond & Schmidt, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ.

OPINION BY HIRT, J., April 11, 1950:

In this habeas corpus proceeding, a contest between parents for the custody of their two-year old daughter, the lower court properly awarded the child to its mother.

Relatrix had been mistreated by her husband and the separation occurred on May 22, 1949, when he excluded her from their common home. He then took the child to his mother's home in Philadelphia where he...

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