In re Byington

OPINION

By the Court,

McNamee, J.:

This is an original petition for a writ of habeas corpus.

On May 5, 1961, Patricia Byington commenced an *457action for divorce against petitioner in Clark County-asking custody of the three minor children of the parties. Petitioner at that time was a resident of Ohio-. Thereafter and before summons was served upon him he came to Nevada and took possession of Robin Byington, aged 8 years, and Holly Byington, aged 6 years, the two older children, and returned with them to Ohio where he obtained a court order restraining his wife from taking custody of said two older…