Texas Supreme Court

Hattie Legate, by Next Friend v. R. A. Legate.

October 29, 189487 Tex. 248

Summary

The Texas Supreme Court held that district courts have jurisdiction to issue a writ of habeas corpus to determine custody when parents seek to resume custody of a child, and that such a proceeding is a civil case for appellate purposes; the Court declined to decide the factual custody question.