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Lloyd Smith, Appellant, v. Helen Bruner and Nelson Bruner, Appellees.

PARENT AND CHILD, § 3 — custody of child. In a habeas corpus proceeding brought by the surviving parent to recover custody of his child, held, a parent has the right to the custody of his child as against the world where it appears he is a competent person to have such custody and it does not appear that the welfare of the child demands that its custody should be elsewhere than with its father.

See Callaghan's Illinois Digest, same topic and section number.

Opinion by PRESIDING JUSTICE HUFFMAN.

"Not to be published in full." Opinion filed January 14, 1942.

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SMITH v. BRUNER AND BRUNER
(Jan 14, 1942)