Bateman v. Smith

This action was filed by the petitioner, Landow Bate-man, in the county court of Weakley County, seeking a writ of habeas corpus for the purpose of regaining the custody of a small child alleged to be in the custody of its maternal grandmother. The petition was demurred to by the defendant, Mrs. Johnnie Smith, which was overruled ; and from the action of the court in overruling the demurrer and the decree entered thereon, the defendant has appealed in error here.

It is insisted by counsel for the defendant upon this appeal that by section 96'7fi, subsection (4), of the Code it is provided that…