In Re the Care & Custody of McGraw

The petitioner, "Willie Spurlin, claiming to be the father of the illegitimate child whose custody is in controversy, sued out habeas corpus to take that custody from the mother. While he alleges facts which would support the jurisdiction of the juvenile court — see G. S., 110-23, et seq. — be rests bis cause of action on tbe superior right of tbe father to tbe custody of bis child; and in bis appeal from an adverse ruling of tbe Superior Court, asks adoption of that theory here.

Outside of tbe statutes which make tbe writ of habeas corpus available to determine tbe custody of a child between…