People ex rel. Trainer v. Cooper

Barculo, Justice.

The case comes before the court on the return of the respondent to a writ of Habeas Corpus, sued out by the relator to obtain the custody of his infant child. Upon its merits, when divested of those extraneous circumstances which have given an unnatural interest and notoriety to the matter, it is very plain and simple. But several nice and highly important legal questions have been presented and argued by the learned counsel, which it will be proper first to consider.

I. It is contended by the counsel for the respondent that the power of awarding a writ of Habeas Corpus by…