That case did not involve the right to intervene. The judge also cited Bragassa v. Bragassa, 197 Ga. 140 ( 28 S.E.2d 133) (1943), in which this court held that there is no provision of law for a third party to intervene in a habeas corpus case. Both of these cases were decided prior to the Civil Practice Act, which liberalized the right to intervene.
His order was based on the assumption that he had no jurisdiction to consider the matters alleged in the response occurring since the decree awarding custody. In Bragassa v. Bragassa, 197 Ga. 140 ( 28 S.E.2d 133), it was held: "A judge of the Superior Court of Fulton County, Georgia, has jurisdiction of a habeas corpus case brought by a nonresident mother against two persons residing in said county, who she alleges are illegally detaining her child from her." The petition for habeas corpus in the present case alleged that the respondent was a resident of Fulton County and was retaining possession of the minor child in the county.
Fowler v. Gillman, 76 Utah 414, 290 P. 358 (1930). Bragassa v. Bragassa, 197 Ga. 140, 28 S.E.2d 133 (1943); Board of Educ. v. Fowler, 192 Ga. 35, 14 S.E.2d 478 (1941). Whorton v. Gaspard, 239 Ark. 715, 393 S.W.2d 773 (1965); State v. Common Council of City of Racine, 201 Wis. 435, 230 N.W. 70 (1930).
For this, the residence of the child suffices, though the domicile be elsewhere." Bragassa v. Bragassa, 197 Ga. 140, 28 S.E.2d 133; People ex rel. Noonan v. Wingate, 376 Ill. 244, 33 N.E.2d 467; Wear v. Wear, 130 Kan. 205, 285 P. 606, 72 A.L.R. 425; Sheehy v. Sheehy, 88 N.H. 223, 186 A. 1, 107 A.L.R. 635; Wicks v. Cox, 146 Tex. 498, 208 S.W.2d 876, 4 A.L.R.2d 1; Anno. 4 A.L.R.2d, section 24, page 41; 27 Am. Jur., Infants, section 105, page 827.