Fultz v. Fultz

Mr. Justice; Chambliss

delivered the opinion of the Court.

Following the filing, on the 22nd of September, 1943, in the Circuit Court of Claiborne County, of an action for divorce by E. A. Fultz, in which he sought an award to him of the custody of his four year old son, Edward, five days later this petition for habeas corpus was filed on ^September 27th, 1943, in the same Court, by the mother, defendant in the divorce suit, seeking to recover possession of this child, alleged to be in the physical possession at the time, in the absence of the father, serving* in the United States Navy, of its…