Tyree v. Jackson

Hawes, Justice.

There is no merit in the contention of the appellant that the complaint was subject to be dismissed because no process as prescribed by the Civil Practice Act was attached to the original complaint and served therewith upon the defendant. The complaint in this case is clearly and unmistakably a petition for a habeas corpus brought by the father of a minor child against the mother. The order attached to the complaint and signed by the trial judge, while not exactly conforming to the form of writ prescribed by Code § 50-106, was substantially a writ of habeas corpus in that it…