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CLEELAND v. CLEELAND

No. 165.

105 S.E.2d 114 (1958)

249 N.C. 16

David CLEELAND v. Penny CLEELAND.

Supreme Court of North Carolina.

October 8, 1958.

Attorney(s) appearing for the Case

Rountree & Clark, Wilmington, for respondent appellant.

Corbett & Fisler, Burgaw, for petitioner appellee.

RODMAN, Justice.

Respondent challenges the validity of Judge Moore's order on these grounds: (1) Habeas corpus is not available to determine the right to the custody of children whose parents have been divorced in another State; (2) refusal of her request for continuance; (3) the Virginia decree awarding custody is entitled to full faith and credit and by reason thereof the courts of North Carolina are forbidden to presently inquire into her right to custody. Respondent...

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