Sherrill v. Sherrill

Candler, Justice.

(After stating the foregoing facts.) Counsel for the plaintiffs in error contend in their brief that the court erred in overruling a motion to dismiss the petition for the writ of habeas corpus because it contained no prayer for the custody of the child involved. Since no error is assigned in the bill of exceptions upon a judgment overruling such a motion, this court can not pass upon that question-.

On February 10, 1947, the court awarded the custody of the child in question to the petitioner, but by the order fixed certain dates when he should visit the respondents, its…