Clark v. Superior Court

Application in certiorari to annul an order made by the superior court relating to the temporary custody of an infant aged two and one-half years, named J. Ross Clark II.

The child is the son of Walter Miller Clark and Virginia M. Clark (Tanner). The father was lost at sea on or about the fifteenth day of April, 1912, and a few months thereafter, and on or about the twenty-sixth day of September, 1912, the mother of the boy married one Tanner at the city of New York. Immediately upon her marriage she departed for Paris, France. At the time of her departure from California for the east she left the child at her mother’s place of residence in charge of ■ Margaret Heffron, a nurse. After the mother had gone away J. Ross Clark, the parental grandfather of the boy, obtained the custody of the child by causing its nurse to take it to his home. He had previously been appointed, with the consent of the mother, as guardian of the estate of the "minor. On October 8, 1912, he filed a petition in the superior court asking for letters of guardianship of the person of the boy. At the time this petition was filed an order was made by the superior court giving temporary guardianship of the…