In Re Mathews

SLOSS, J.

This is a writ of

habeas corpus

to determine the right to the custody of the person of Gerald Mathews, the minor son of Annie Mathews, the petitioner for the writ. The boy is now in the custody of Warren A. Rouse and Carrie E. Rouse, his wife, and has been living with them during nearly the whole of his life. The contest over his custody has twice been before this court in another form.

Some years ago Warren A. Rouse filed an application in the superior court of Alameda County praying to be appointed guardian of the person and estate of said minor. The mother, Annie Mathews, opposed this application, and the court, after a hearing, made its order appointing Rouse guardian. Upon the mother’s appeal, this court held that the parent, unless

[157]

found incompetent, was entitled to the guardianship of her child, and that the evidence was not sufficient to support the finding that Mrs. Mathews was incompetent. The order of appointment was accordingly reversed.

(Guardianship of Mathews,

169 Cal. 26, [145 Pac. 503].)

The matter went back for a second trial, which resulted in an order denying the application of Mr. Rouse for letters of guardianship. Prom this order Rouse appealed. While matters were in this condition, the mother, Annie Mathews, filed her petition for the issuance of the present writ. Upon the return, the court concluded that a decision in the

habeas corpus

proceeding should not be made pending the final determination of the guardianship contest, and the matter was accordingly postponed to await such determination. On March 22, 1917, this court affirmed the order of -the superior court denying letters of guardianship to Rouse.

(Guardianship of Mathews,

174 Cal. 679, [164 Pac. 8].)

Thereupon the

habeas corpus