Eller v. Matthews

Quillian, Justice.

1. A petition for a writ of habeas corpus, seeking custody of minor children, which alleges that such children are in the custody of the defendant; that the defendants are not fit or proper persons, that the children are deprived of proper clothing and sufficient food, that they have been cruelly beaten, and that the petitioner fears bodily harm will be done unless they are restored to the custody of the petitioner, sets out a cause of action for the issuance of the writ. Barber v. Wells, 213 Ga. 1 (96 S. E. 2d 595).

2. While the right to the custody of a minor child is prima…