Gathright v. Riggs

WILSON, Justice.

Appeal from order sustaining plea of privilege in a child custody habeas corpus proceeding. The controlling question is whether dismissal of previous habeas corpus proceedings in another county,. while appellant’s plea of privilege therein was pending, fixed venue of the instant proceedings.

By a 1956 modification of a divorce decree, custody of the child was given to his mother, appellee herein, from September 1 to June 1 of each year. On September 3, 1960, appellee filed in the District Court of Limestone County an application for writ of habeas corpus and an affidavit for…