Hand v. Hand

MR. JUSTICE CASTLES:

This is an appeal by a defendant husband seeking to set aside an order of the Lewis and Clark County district court quashing an order to show cause why a decree of divorce granting custody of minor children to a plaintiff wife should not be modified to restrain the wife from taking the children out of the state. The order to quash was based on defective service of the show cause and temporary restraining order.

As presented, the problem appears as a child custody dispute. But the facts raise two jurisdictional questions which are fundamental: first, when an attorney dies,…