Lumpkin v. Meeks

MAYFIELD, Justice.

This is an appeal from a decree of the Circuit Court of Cleburne County, in equity, denying a petition for writ of habeas corpus to obtain custody of appellant’s eight year old son.

The procedure in this case was unusual and somewhat irregular. The petition which purports to be for habeas corpus was filed in equity, with the register. For many years in Alabama, in proper cases, questions of custody have been determined by the dual method of petition in equity or habeas corpus. While it is fundamental that petitions for habeas corpus in the circuit court are filed with the'…