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COMMONWEALTH ex rel. BURKE v. BURKE

168 Pa.Super. 578 (1951)

Commonwealth ex rel. Burke, Appellant, v. Burke.

Superior Court of Pennsylvania.

April 17, 1951.

Attorney(s) appearing for the Case

Arthur W.A. Cowan, with him William R. Pomerantz, for appellant.

James W. Brown, Jr., with him Jerome A. O'Neill and George D. Kline, for appellee.

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

OPINION BY GUNTHER, J., April 17, 1951:

Relatrix has appealed from an order of the court below dismissing her petition for a writ of habeas corpus wherein she sought custody of her three year old son. The court below dismissed the writ on the ground that it lacked jurisdiction.

The child was born out of wedlock on November 18, 1947 to relatrix in Florida. Four days after birth the child was placed with the Children's Aid Society

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