McLeod v. McLeod
Mississippi Supreme Court
From the judgment of IIon. Moyse H. Wilkinson, circuit judge of the sixth district, sitting in vacation for the hearing of a writ of habeas corpus at Woodville, Wilkinson county. Mr. McLeod, the appellee, was plaintiff in the court below; Mrs. McLeod, the appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.
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From the judgment of IIon. Moyse H. Wilkinson, circuit judge of the sixth district, sitting in vacation for the hearing of a writ of habeas corpus at Woodville, Wilkinson county. Mr. McLeod, the appellee, was plaintiff in the court below; Mrs. McLeod, the appellant, was defendant there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. The suit was begun by a petition for a writ of habeas corpus filed by 'Clifford O. McLeod, a resident of Wilkinson county, in the sixth judicial circuit court district, against his wife, to recover the custody of their child.…
1Opinion of the CourtMayes, J.
Where a circuit judge or chancellor issues a writ of habeas corpus that is to run in a district other than his own, it must be made returnable to a judge or chancellor in that district, and cannot be made returnable before himself. Section 152 *730of the constitution of the state provides that “the legislature of the state shall divide the state into convenient circuit and chancery court districts.” In pursuance of this section of the constitution, the legislature has divided the state into chancery and circuit court districts, and in sec. 689 of the code of 1906, merely repeating the law in the…
2Cases cited1 opinion
- Patterson v. StateMississippi Supreme Court · 1893
3Cited by3 opinions
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- Logan v. RankinMississippi Supreme Court · 1957
- Newman v. HornsbyDistrict Court of Appeal of Florida · 1980