170 Iowa 99 | Iowa | 1915
We have also held that, where a discharge was refused in a habeas corpus proceeding on the ground that legal detention was shown, there could be no occasion for a supersedeas to maintain the status quo. In such case, the supersedeas order is not available to the plaintiff to give him a temporary discharge from the custody to which the order .of the court remanded him, because' this would interfere with rather than maintain the status quo. Orr v. Jackson, 149 Iowa 641.
The right to sue out a writ of habeas corpus is a continuing right and is never foreclosed by a previous adjudication. Though it be denied today it may be granted tomorrow. The rules of procedure, therefore, in such a proceeding are peculiar to itself and are not controlling in other forms of action. Turning, therefore, to the divorce proceeding, the plaintiff Maggie was in the actual control and custody of her child. The question before the court was: Which was the more suitable party to exercise such control and custody in the light of the best interest of the child ? That the order