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COM. ex rel. HARRY v. EASTRIDGE

172 Pa.Super. 49 (1952)

Commonwealth ex rel. Harry v. Eastridge, Appellant.

Superior Court of Pennsylvania.

November 12, 1952.

Attorney(s) appearing for the Case

Francis H.S. Ede, for appellants.

Paul A. McGinley, for appellee.

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

OPINION BY RHODES, P.J., November 12, 1952:

This is a habeas corpus proceeding which involves the question whether the welfare and best interests of the children shall prevail over the application of the general rule that a mother has a prima facie right to the custody of children of tender years. Rigid adherence to this rule may produce unfortunate results. Certainly a woman of questionable conduct who has failed...

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