McDowell v. Gould

1. Strict technical pleadings are not required in a habeas; eorpus proceeding, between rival contestants for custody of a minor child. Wilkinson v. Lee, 138 Ga. 360 (75 S. E. 477, 41 L. R. A. (N. S.) 1013). Where a writ has been issued and in response thereto the child has been brought into court, the better practice is to inquire into the evidence necessary to a proper decision of the case, unless the petition alleges facts which show affirmatively as a matter of law that the respondent is entitled to the custody of the child. Where the petition is of such character, a general demurrer will…