Burden v. Barron

This was a habeas-corpus proceeding to recover, in the court of ordinary sitting as a habeas-corpus court, the custody of a minor child alleged to be in the possession of- the defendants. The court awarded the child to petitioner;- and the defendants, the plaintiffs in error here, entered an appeal from the *631decision to the superior court. When the case came on for hearing in the superior court, upon the motion of counsel for the petitioner the appeal was dismissed for the reason that an appeal was not an available remedy to review the judgment of the ordinary in a habeas-corpus case; and the…