Ex parte Queirolo

Citations

• 119 Cal. 635
• 51 P. 956
• 1898 Cal. LEXIS 687

Syllabus

<p>Divorce—Custody of Children—Modification of Decree—Appeal—Stay of Proceedings—Contempt—Void Orders—Habeas Corpus.—An appeal from an order modifying a decree of divorce, so as to award to the father the custody of the minor children, which by the original decree were awarded to the custody of their mother, suspends and stays all proceedings under the modifying order; and orders made pending such appeal, directing the mother to deliver the custody of the children to the father, and punishing her for contempt for refusal to obey such direction, are without jurisdiction and void, and she will be discharged from unlawful imprisonment therefor, upon habeas corpus.</p> <p>Id.—Statutory Construction—Effect of Appeal from Judgment.—The effect of an appeal from a judgment is purely a matter of statutory regulation, to be determined by a construction of the statute under which the appeal is taken, and, when its terms are clear and unambiguous, the court is concluded thereby, and its function is simply to enforce the statute, without regard to supposed evil consequences resulting therefrom.</p>