Dupes

The plaintiff instituted an action against the defendant for divorce upon the ground of extreme cruelty. The defendant denied the allegations of cruelty and cross-complained against plaintiff, seeking a decree of divorce upon the grounds of extreme cruelty, habitual intemperance, and willful neglect. Judgment was for the plaintiff and he was awarded the custody of the two minor children of the parties.

Two proceedings have already been disposed of by the higher courts of the state involving the custody of these children. (In re Dupes, 31 Cal. App. 698 , [ 161 Pac. 276 ]; Dupes v. Superior Court, 176 Cal. 440 , [ 168 Pac. 888 ].)

Before taking up the consideration of this appeal from the judgment of the lower court upon its merits, it will first be proper to dispose of a motion to dismiss the present appeal because of the claim of respondent that appellant has so interfered with the custody of said children, since taking the appeal, that she has placed herself in contempt of the order of the superior court of the county of Kern, sitting as a juvenile court, and ought not therefore be permitted to press her appeal to a conclusion upon its merits.

[1] A number of reasons are urged…