Setser v. Caldwell

Opinion op the Court by

Perry, Commissioner

Reversing.

This is an appeal brought pursuant to Section 429— 1, Criminal Code of Practice, Acts 1940, c. 93, p. 375, sec. 2, providing right of appeal in habeas corpus cases, from an order of the judge of the Owsley county court, in a habeas corpus proceeding, refusing to order the respondent grandparents’ discharge of appellant’s two minor children from their alleged illegal detention.

The appeal from that judgment brings to us for review and final decision the controversy of the parties as to which of them, as between the mother and the grandparents,…