State Ex Rel. Marthens v. Superior Court

Relator, Howard R. Marthens, a resident of San Francisco, California, brings this proceeding to this court by way of a petition for a writ of certiorari or, in the alternative, for a writ of prohibition, directed to the Honorable Ralph Smythe, judge of the superior court for Jefferson county, restraining him from assuming jurisdiction or hearing further proceedings in a cause pending in that court, entitled Barbara Marthens, plaintiff, v. Howard R. Marthens, defendant, in which plaintiff seeks a decree awarding to her the custody of two minor children of the parties.

The facts which control…