Maples v. Maples

Citations

• 49 Miss. 393

Syllabus

<p>1. Habeas Cobpvs — Eoe what it hes_The Code of 1871, §1396, provide? “that the writ of habeas corpus shall extend to all. cases of illegal confinement or detention whatever, by which any person is deprived of his liberty, or in which the rightful custody of any person is withheld from the person entitled thereto.” By § 1400, the petition for the writ shall be in writing, under oath, and shall describe by whom. the party is deprived of his liberty, and the circumstances of the restraint. Can an-agent swear to such a petition ? Quesre.</p> <p>2. Same. — In determining such writs, the Chancellor should be geverned by the welfare and age of the minor. If its condition would not be materially improved by' the ohange sought for in the writ, it should be refused, Poster v. Simmons, 6How., 406 j Cocke v, Hannum, 39 Mis3., 425.</p>