State ex rel. McGhee v. Superior Court

Citations

• 99 Wash. 619

Syllabus

<p>Appeal—Supersedeas—Custody op Children Awarded on Habeas Corpus. A judgment in habeas corpus awarding the custody of a minor child to one of its divorced parents, upon finding that the welfare of the child would be promoted thereby, cannot be superseded pending an appeal therefrom.</p> <p>Courts—Mandamus—Application. An application to supersede a judgment awarding the custody of a minor child pending appeal from a judgment in habeas corpus proceedings cannot be treated as an application for a writ of mandate directing an order suspending the judgment to prevent the removal of the child from the jurisdiction of the court, where the superior court has not refused to act in the matter.</p> <p>Courts—Supreme Court—Powers. .In the absence of notice of appeal and appeal bond, the supreme court cannot, in aid of its appellate jurisdiction, direct supersedeas or suspension of a judgment in habeas corpus awarding the custody of a minor child.</p>