Dutton v. Freeman

Mobley, Justice.

The first questions for decision in this case are as to whom the action should be properly brought against, and where. In Crowell v. Crowell, 190 Ga. 501, 504 (9 S. E. 2d 628), where a writ of habeas corpus was brought by a father against a mother in the county of her residence to gain custody of a child, where the child was in the physical possession of another person in another county, who had the child with the mother’s consent and was holding it subject to her direction and control, this court held: “On the precise question here involved this court has never ruled; but,…