Duncan v. Thomas

Candler, Justice.

Alleging wrongful possession and illegal detention, Paul Duncan brought habeas corpus in the City Court of Hall County to recover possession and control of his three-year-old son from J. A. (Judge) Thomas. The writ issued and the child was brought before the court. Answering the petition, the respondent denied the allegations of wrongful possession and illegal detention, and averred that he was not in possession of the child and was exercising no control over it. After the parties had introduced their evidence, the trial judge denied the relief sought by the plaintiff and…