Lynn v. Wright

LAWSON, Justice.

The decision of the Court of Appeals is predicated on the conclusion reached by that court that appeals in all habeas corpus cases must be taken and perfected in accordance with the terms and provisions of § 369, Title 15, Code 1940.

But this court held in Thomas v. State, 215 Ala. 1, 109 So. 607, that appeals could be taken in habeas corpus proceedings wherein the custody of minor children is involved under the provisions of § 6078 of the Code of 1923, which is § 754, Title 7, Code 1940. In Thomas v. State, supra, it was said:

“The custody of infants is a matter within the…