State Ex Rel. Elsman v. Second Judicial District Court

OPINION

By the Couyt,

Sanders, J.:

This is an original proceeding in prohibition. The proceeding is the outgrowth of a very bitter contest between divorced parents over the custody of the only issue of their marriage, a child of tender years.

Upon the filing of the petition for the writ with the clerk of this court, the respondents, through their attorneys, requested that the writ be not issued until they were given an opportunity to be heard. The request was granted. Thereafter, the application or petition for the writ came on for hearing informally in open cpurt. Upon consideration of the…