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COM. ex rel. McMENAMIN v. McMENAMIN

171 Pa.Super. 524 (1952)

Commonwealth ex rel. McMenamin, Appellant, v. McMenamin.

Superior Court of Pennsylvania.

July 17, 1952.

Attorney(s) appearing for the Case

John Patrick Walsh, with him Harry A. Rutenberg, and Leon Rosenfield, for appellant.

Irving R. Shull, with him Alfred I. Ginsberg and Bernard L. Lemisch, for appellee.

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

OPINION BY GUNTHER, J., July 17, 1952:

This is a habeas corpus proceeding brought by the mother against the father to determine the custody of their daughter, three years of age.

In this type of case we are required to consider the testimony and make such order upon the merits of the case as to right and justice shall belong. Act of July 11, 1917, P.L. 817, § 1, 12 PS § 1874. Where, as here, the dispute is between the mother and father regard must...

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