Whitney v. Second Judicial District Court of the State of Nevada

OPINION

By the Court,

Merrill, J.:

This is an original proceeding in certiorari to review action of respondent court in issuing an order restraining removal of minor children from the city of Reno, Washoe County, Nevada, pending proceedings for modification of a decree of divorce relative to its provisions for custody. The question presented relates to the power of the court to take ex parte action with respect to minor children of the parties after entry of the original decree of divorce.

On January 28, 1941, in an action before respondent court brought by petitioner against his then wife,…