Chisolm v. Crook

MERRILL, Justice.

This appeal must be dismissed on the ground that the question has become moot. The appeal is from a decree of the Circuit Court of Calhoun County, in Equity, denying a petition for writ of habeas corpus filed by appellants, Mr. and Mrs. Chisolm, against the Department of Pensions and Security to obtain custody of a three months old child, Kenneth Allen Freeman. We do not approve of this procedure. However, the point that habeas corpus was sought in a court of equity was not raised in the lower court, nor do the parties call it to our attention on this appeal. Therefore, we…