Cole v. Cole

On December 18, 1941, appellee made application to the county judge of Warren County for a writ of habeas corpus, praying that the custody of her three children residing with appellant in said county be awarded to her. The county judge, on the hearing, sustained the petition and the prayer thereof, and an appeal has been taken direct to this court.

The question has arisen whether the appeal should have been first to the circuit court. It has always been the policy of the laws of this state to furnish, as speedily as practicable, a remedy in habeas corpus. Often, however, hearings upon such…