Gillens v. Gillens

Eish, O. J.

A wife upon the trial was' granted a divorce, and the temporary custody of the minor children, with a provision in the order that their permanent custody should be subsequently determined by the judge of the county court, or ordinary of the county where the divorce was granted. After the death of one of the children, the husband under a proceeding of habeas corpus had the custody of the other awarded to him by the ordinary. o The wife took that proceeding by certiorari to the superior court, and pending the matter she removed with the child, whose custody she had continued to hold,…