Mitchell v. Ward

Gunter, Justice.

This habeas corpus appeal involves a contest between the mother and father of a child with respect to the child’s custody.

The mother-appellee filed an application for a writ of habeas corpus in the trial court contending that the child was being illegally withheld from her possession and custody by the father-appellant. The child had been born out of wedlock, but the father had thereafter secured an order of court rendering the child legitimate pursuant to Code § 74-103.

At the habeas corpus hearing the trial judge heard evidence in behalf of the mother; the court then inquired…