Raily v. Smith

Head, Justice.

(After stating the foregoing facts.) It is conceded by counsel for the plaintiffs in error that the trial judge is vested with a broad discretion in habeas corpus cases in determining what will best promote the interest and welfare of the child, but it is the contention of counsel that the trial judge was under the erroneous impression that the mother had a superior right to the custody of the child, and that he had little or no discretion in the matter, and that, the judgment being rendered under a misconception of the law, the award was an abuse of discretion. It is also urged…