Irving v. Irving

Citations

• 26 Wash. 122
• 66 P. 123
• 1901 Wash. LEXIS 617

Syllabus

<p>ABATEMENT OF ACTION-PENDENCY OF APPEAL-CUSTODY OF MINOR CHILD-JURISDICTION OF SUPREME COURT.</p> <p>Where an appeal has been taken from an order of the court modifying a divorce decree so as to award the custody of the minor child to the mother, and the appeal is pending undisposed of, the fact of such appeal may be set up by plea in abatement in a subsequent action by the father in which he seeks to have the custody of the child awarded to him, since Bal. Code, § 6515, provides that upon an appeal being effectuated the supreme court acquires jurisdiction of the subject matter of the controversy for all necessary purposes.</p> <p>SAME.</p> <p>Although a decree disposing of the custody of a minor child does not have the force of res judicata but is subject to modification whenever the interests of the child demand it, yet where an appeal has been taken to the supreme court that court alone possesses the sole power to make orders with reference to the custody of the child, and applications therefor should be addressed to that court when changed conditions require a change during the pendency of the appeal.</p>