Application of Butts

MR. JUSTICE DAVIS:

I dissent.

Without heeding the admonition of this court in State ex rel. Cash v. District Court, 58 Mont. 316, 195 Pac. 549, the judge below permitted the appellant to take the three children, whose custody is the issue here, out of Montana upon her promise given him to return them to his jurisdiction for the hearing on the merits fixed for May 10, 1954. Thereby the lower court in effect abdicated its jurisdiction in the matter, as we said in the Cash case; for with the mother (appellant here) and the children in Oregon the Montana court could not enforce or otherwise make…