Stout v. Pate

Hawkins, Justice.

1. The trial court, in the judgment here complained of, did not pass upon the plaintiff’s general demurrer to the response of the defendant, and for this reason that question cannot be considered by this court. Rogers v. Taintor, 199 Ga. 192 (2), 196 (33 S. E. 2d, 708); Jackson Banking Co. v. Gaston, 149 Ga. 31 (1) (99 S. E. 30).

2. Where, as in this case, a petition for habeas corpus, to determine the right to the custody of minor children, is presented to a judge having jurisdiction thereof, and the judge issues a writ of habeas corpus and acquires jurisdiction of.the…