December 5, 1949. John H. Mariano for relators. Philip Roth for defendant. HAMMER, J. This proceeding by a writ of habeas corpus is for the custody of a child, of the age of six and one-half years. Shortly after birth the child was entrusted by the mother to a married woman who was childless. The evidence shows this latter to be a highly estimable religious person and that she and her husband treated the child as their own and gave it every advantage of care, maintenance and affection which could

April Term, 1902. Maurice Meyer, for the appellant. Charles G. Stevenson, for the respondent. PATTERSON, J.: The plaintiff and the defendant were married at the city of New York on the 20th of November, 1899. In May, 1900, she brought, through her guardian ad litem, this action to annul the marriage upon allegations that at the time of such marriage the defendant had a former wife then living to whom he had been married several years before, and that such last-mentioned marriage was in full force