McKAY v. MITZEL

No. 8166.

137 N.W.2d 792 (1965)

Application of Donald H. McKay for a writ of habeas corpus. Donald H. McKAY, Petitioner and Appellant, v. Joseph MITZEL and Winnifred Mitzel, Respondents.

Supreme Court of North Dakota.

October 21, 1965.


Attorney(s) appearing for the Case

Conmy & Conmy, Bismarck, for petitioner and appellant.

Larry M. Hatch, Linton, for respondents.


STRUTZ, Judge (on reassignment).

Petitioner brings habeas corpus proceedings to determine the custody of three minor children. The parents were divorced in 1955, and custody of the children was awarded to the mother by the decree. The petitioner is the natural father, who was remarried, in 1957, to a woman who had two children by a former marriage. Two other children have been born as the issue of this second marriage.

The natural mother, who also remarried...

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