This section contains the nature of the case and procedural background.

Painter (F) had two children of which one was killed along with his wife in an auto accident. F, after other arrangements for the child's care, had proved unsatisfactory, asked the Bannisters (G). to take care of the child, who was five years old. F remarried in 1964, one year later, and told G that he wanted his 7-year-old son back. A dispute erupted, and G refused to let the boy leave their care. The trial court awarded custody to F and issued a writ of habeas corpus. That was stayed execution until the matter could be determined on appeal.

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