Johnston v. Johnston

Citations

• 116 Wash. 322
• 199 P. 737
• 1921 Wash. LEXIS 850

Syllabus

<p>Appeal (45)—Decisions Appealable—Order Awarding Custody op Child. An order modifying the order made in a divorce proceeding awarding the custody of a minor child is appealable.</p> <p>Same (102)—Right to Appeal—Cessation op Controversy— Lapse op Time. An order awarding the custody of a child to one parent for a prescribed period, “and until the further order of this court,” being a continuing order unaffected by the expiration of the prescribed period, is appealable.</p> <p>Same (175)—Requisites por Transfer—Motion to Vacate Judgment. The rule requiring an application to the superior court to correct an irregular order before appealing therefrom does not apply where judgment was entered without power or authority in the court to render the judgment.</p> <p>Divorce (96, 97)—Custody op Child—Power to Award—Jurisdiction op Juvenile Court. A judge of the superior court sitting as a judge of the juvenile court, and who had not tried the divorce action in which custody of the child was awarded to a parent, would have no power to modify the order for its custody upon the report of the juvenile officer^ there being no showing that the child was dependent or delinquent under the provisions of Rem. Code, §1987 et seq., known as the juvenile act.</p>