Scott v. Scott

This is a habeas corpus proceeding brought by appellant in which she seeks to recover the care and custody of her eleven year old son, Morris Ray Scott, from his father, the appellee. The issues are made by the complaint, the return thereto, and the answer to the return.

By the return appellee by proper averments asserts that it is for the best interest of the child that it should remain with him, and he asks that he be awarded its custody. No exception was filed to this return. The first paragraph of appellant’s answer to the return is a denial under the rules; the second paragraph avers (1)…