Baker v. Smiley , 231 Ga. 375 ( 1973 )

Gunter, Justice,

dissenting. I dissent in this case on the ground that the habeas corpus court did not have jurisdiction to entertain the appellee’s counterclaim asserting a change of condition after the rendition of a divorce decree awarding custody of the child to the appellant. See my dissenting opinion in Padgett v. Penland, 230 Ga. 824 (199 SE2d 210), and my concurring opinion in Moss v. Buhrman, 231 Ga. 288.

I maintain that the habeas corpus court in this case was bound by the divorce decree which awarded custody of the child to the appellant, and that a judgment awarding possession of the child to the appellant was demanded.

I am authorized to state that Justice Ingram concurs in this dissent.