Thornton v. Devaney

The appellees prevailed in a habeas corpus proceeding instituted by them for the possession of their seven year old son. The propositions presented and relied upon by the appellants for the reversal of the judgment are: (1) That the trial court ought to have entered a judgment on the pleadings in favor of the appellants; (2) that the decision is not sustained by sufficient evidence; and (3) that a new trial should have been granted on account of newly discovered evidence.

The appellants say that the appellees’ petition for a writ of habeas corpus served its purpose when the writ was issued;…