Combs v. Brewer

Opinion op the Court by

Chiep Justice Sims

Reversing.

This is a habeas corpus action brought in the Perry County Court by Jason Combs against Everett and Myrtle Brewer to obtain custody of his 11 year old daughter, Barbara. The petition averred that the regular Circuit Judge, Hon. Sam M. Ward, was out of the county and the writ was issued and the trial conducted by Hon. íaylor Witt, Judge of the Perry County Court. See Criminal Code of Practice, sec. 399; Bard v. Bard, 295 Ky. 254, 173 S. W. 2d 569. Upon hearing the proof the court refused the writ and this appeal followed.

Barbara’s parents,…