Petitioner herein filed a petition for a writ of certiorari whereby she sought to have annulled a writ of habeas corpus and all proceedings connected therewith in a habeas corpus matter heard in the Superior Court of San Joaquin County. A writ was issued by this court commanding the respondent superior court to certify and return to this court a complete record of the proceedings in said habeas corpus matter.

Briefly stated the facts as they appear from the record are as follows:

Petitioner is the mother of one Donald Evans Washington, also called Donnie Evans Mercer, a child about 8 years old. The child was born in Kentucky and the mother of the child, petitioner herein, was abandoned by her then husband at the time of the child’s birth. When only a few months old the child was adopted by R. H. Mercer and his wife, Sue Mercer, the parents of the petitioner herein, petitioner and her husband, the father of the child, having consented thereto. At that time petitioner and the child resided with her said parents in Kentucky, and the child continued to reside with said parents of petitioner until May of 1947, when he was brought to California by petitioner. The parents of petitioner, who are grandparents of the child and parents under the adoption proceeding, claimed that the child was brought to California with their permission upon petitioner’s promise to return him to Kentucky at the end of three months. Upon the refusal of petitioner to return the child, her parents, R. H. Mercer and Sue Mercer, sent a representative to Stockton where petitioner' resided with said child and filed in the Superior Court of San Joaquin County a petition for a writ of habeas corpus in and by which they sought to have the child returned to them. Petitioner herein filed a traverse in said habeas corpus proceedings, and also filed in the Superior Court of San Joaquin County an independent action in which she attacked the decree of adoption which had been entered in Kentucky as being fraudulent and void.

The hearing of the habeas corpus proceeding extended oyer several days. Petitioner herein attended with the child on the first day, but did not attend thereafter and on October 17, 1947, the court issued a writ of apprehension for the production of the child in court. On October 21st, the hearing having been concluded, the court made its order decreeing that the infant, Donnie Evans Mercer, was illegally restrained of his liberty by Inez Rose, petitioner herein, and that R. H. Mercer and his wife, grandparents and adopted parents of the child, were entitled to the custody of the child and ordering Inez Rose to deliver the child'to them. Thereafter on October 27th Inez Rose filed in this court her petition for a writ of certiorari.

As was said by our Supreme Court in Estrin v. Superior Court, 14 Cal.2d 670 , at page 674 [ 96 P.2d 340 ] :

In In re Hughes, 159 Cal. 360 [ 113 P. 684 ], the court said at page 363:

The court also stated, at page 366:

That the superior court has jurisdiction to entertain an application for a writ of habeas corpus for the purpose of obtaining the custody of a minor child is well established by numerous decisions. In 13 California Jurisprudence, page 251, it is stated:

It is clear, therefore, that the Superior Court of San Joaquin County did not exceed its jurisdiction in making the orders sought to be annulled and under the authorities herein-before set forth this court is without power in this proceeding to vacate and annul said orders.

. In view of the foregoing, the.writ of certiorari heretofore issued by this court should be and the same is hereby discharged.

Adams, P. J., and Thompson, J., concurred.

A petition for a rehearing was denied July 12, 1948, and respondents’ petition for a hearing by the Supreme Court was denied August 12, 1948. Carter, J., and Traynor, J., voted for a hearing.