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PHILLIPS v. KIRALY

105 S.E.2d 855 (1958)

200 Va. 345

Ferrel K. PHILLIPS et al. v. Charles KIRALY, Jr.

Supreme Court of Appeals of Virginia.

December 1, 1958.

Attorney(s) appearing for the Case

Thomas J. Michie, John T. Camblos, Charlottesville (Robert E. Taylor; Michie, Taylor, Camblos & Deets, Charlottesville, on brief), for plaintiffs in error.

C. Armonde Paxson, D. B. Marshall, Charlottesville (Paxson, Marshall & Smith, Charlottesville, on brief), for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, MILLER, WHITTLE, SNEAD and I'ANSON, JJ.

SPRATLEY, Justice.

This is a habeas corpus proceeding instituted on July 5, 1957, by Charles Kiraly, Jr. against Ferrel K. Phillips and Frederick H. Phillips, her husband, asking for the custody of Anne Allison Kiraly, the five and one-half year old daughter of Kiraly. Ferrel K. Phillips and Frederick H. Phillips, hereinafter referred to as Phillips, or as appellants, answered, alleging that Kiraly was not a fit...

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