Neysa Best v. Donald C. Best

Appellee, Donald C. Best, filed a petition for habeas corpus in the District Court of Cass County against appellant, Neysa Best, pertaining to the temporary custody of Diana Jean Best and Sonya May Best. The petition was filed May 6, 1959, and a writ was issued to appellant to produce the children before the judge on June 6, 1959. Appellees petition was based solely upon a temporary order entered by a Court of Common Pleas of Franklin County, Ohio, Division of Domestic Relations. It might well be said here that a former divorce decree was entered by said Ohio court in which Donald C. Best was plaintiff and Neysa Best was defendant. From the record in this case, Neysa Best and the two children were residents of the State of Texas at the time the divorce was granted. This gave the Ohio court jurisdiction to grant the divorce, but did not confer jurisdiction to grant any custody of the children to any one.