Klein v. Klein

Decided October 15, 1883

Michigan Superior Court, Detroit · decided 1883-10-15

In 1881 the complainant obtained a divorce from her husband on the ground of extreme cruelty. (47 Mich. 518.) The wife was decreed the custody of the children. The husband refusing to deliver them up, the wife attempted to gain possession by means of a writ of habeas corpus.

Decided 1883-10-15

¶1The Court,

Ci-iipmam, J.:

¶2Held that the service of the writ having been by copy, the service was void. The court intimated that an order that defendant *267show cause why he should not be punished for contempt, was the proper remedy.

(October, 1883.)Otto Kirehner for Complainant..Alfred E. Hawes for Defendant.