Opinion
March 13, 1946.
April 10, 1946.
Before BALDRIGE, P.J., RHODES, HIRT, RENO, DITHRICH, ROSS and ARNOLD, JJ.
Appeal, No. 84, Oct. T., 1945, from order of C.P., Delaware Co., Dec. T., 1942, No. 568, in case of Commonwealth ex rel. Harry Schwartz v. Helen Schwartz. Order affirmed.
Habeas corpus proceeding for custody of child. Before SWENEY, J.
Order entered awarding custody to defendant. Relator, father, appealed.
George H. Class, with him vanRoden Lindenmuth, for appellant.
Donald H. Hamilton, with him Edward D. McLaughlin, for appellee.
Argued March 13, 1946.
This case involves the custody of a minor child. The boy in question, five years of age, was given to the mother, subject to the right of the father to have his son at certain intervals. The parties had a full and fair hearing before Judge SWENEY, who evidently gave careful consideration to the contentions of the respective parties before reaching a conclusion.
We find no reason for disturbing his action. Order of the court below is affirmed at appellant's costs.