WINBORNE, Justice.
This appeal presents one basic question: Where there is a controversy between husband and wife, living in a state of separation, without being divorced, in respect to the custody of their children, are the provisions of G.S. § 17-39 available to the parent with whom the children then reside?
The statute, G.S. § 17-39, in pertinent part provides that "When a contest shall arise on a writ of habeas corpus between any husband and...
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