COM. ex rel. BUTLER v. ERVINE


182 Pa.Super. 179 (1956)

Commonwealth ex rel. Butler v. Ervine, Appellant.

Superior Court of Pennsylvania.

November 13, 1956.


Attorney(s) appearing for the Case

Morris C. Solomon, with him Solomon & Tolson, for appellant.

Joseph J. Cronin, for appellee.

Before RHODES, P.J., HIRT, GUNTHER, WRIGHT, WOODSIDE, ERVIN, and CARR, JJ.


OPINION BY HIRT, J., November 13, 1956:

This habeas corpus proceeding was brought by the relatrix, the maternal grandmother of a six-year-old boy, seeking partial custody of the child from its father. The respondent James Ervine and Dolores Butler were married on July 10, 1948 and from that date they lived with her parents until the death of the wife on February 25, 1951. The child in question was born on January 10, 1950. Following his wife's death the respondent...

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