Petitt v. Lewis

Citations

• 84 Kan. 637
• 114 P. 1071

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Supreme Court — Original Jurisdiction — Supervisory Control Over Inferior Courts. The grant of original jurisdiction to the supreme court in quo warranto, mandamus and habeas corpus comprehends and carries with it authority to exercise superintending control over inferior courts to the extent that it may be exerted by those writs and proceedings.'</p> <p>■2. District Court — Appellate Jurisdiction■ — Supervisory Control Over Inferior Courts. In addition to its appellate jurisdiction the district court is vested with authority to supervise and control inferior courts and tribunals in order to prevent and correct errors and abuses.</p> <p>3. Habeas Corpus — Appeal from Probate Court to District Court. An appeal may be taken to the district court from a decision of the probate court in a habeas corpus proceeding.</p> <p>4. Judgments — Custody of Children — Modification of Decree— Notice — Interference by Habeas Corpus. A district court which renders a judgment divorcing parties and providing for the custody, education and maintenance of minor children holds a continuing jurisdiction in respect to the children, and may at any time, upon proper application and notice, modify its decree whenever the altered conditions or circumstances of the ease or the parties require it, and when due notice of an application to modify the judgment has been made the probate court can not, by a writ of habeas corpus or otherwise, deprive the district court of power to modify the judgment nor interfere with its authority to change the custody and control of the children.</p>