In Re Renfrow

Except in cases involving the custody of minor children, G.S. 17-40, no appeal lies from a judgment rendered on return to a writ of habeas corpus. In re Steele, 220 N.C. 685, 687, 18 S.E. 2d 132, and cases cited. The remedy, if any, is by petition for a writ of certiorari, addressed to the sound discretion of this Court. In re Lee Croom, 175 N.C. 455, 95 S.E. 903.

Under the rules stated, petitioner’s purported appeal would be dismissed. However, to clarify the important question of practice presented by the record, this Court deems it appropriate to treat petitioner’s purported appeal as a…