Sheppard v. Sheppard

Hawkins, Justice.

1. Strict technical pleadings are not required in a habeas corpus proceeding between rival contestants for the custody of minor children. Where a writ has been issued and in response thereto the children have been brought into court, the better practice is to inquire into the evidence necessary to a proper decision of the case, unless the petition alleges facts which show affirmatively as a matter of law that the respondent is entitled to the custody of the children. McDowell v. Gould, 166 Ga. 670 (144 S. E. 206); Wilkinson v. Lee, 138 Ga. 360 (75 S. E. 477); McCoy v.…