Keeley

Keeley v. Superior Court of Nevada

Good Law
1914 Cal. App. LEXIS 5·26 Cal. App. 213·146 P. 526
Court of Appeal of CaliforniaDecember 21, 1914Civ. No. 1319.California1,582 words

Opinion

Lead Opinion

Burnett, J.

The application is for a writ of prohibition to restrain respondent from trying a certain proceeding growing out of the trial of the action of “Dora Alice Keeley, Plaintiff, v. Lewis Schontz Keeley, Defendant.” From the petition it appears that said action was begun in the superior court of Placer County, having for its object a judgment of divorce and the custody of the minor child of said parties. An answer and cross-complaint was filed by defendant seeking similar relief for himself. One W. J. Prewett, the son of Hon. J. E. Prewett, judge of said superior court, appeared in said action as attorney for plaintiff.

Thereafter Hon. Wm. M. Finch, judge of the superior court of Glenn County, was requested by Judge Prewett to preside at the trial of said cause and the latter set the time for said trial. The case was duly tried by Judge Finch and judgment was rendered denying a divorce to each party, but granting to plaintiff the custody of said minor child, providing, however, that the child should be allowed to visit and remain with the mother of defendant four months in each year. The petition further alleges: “That thereafter, on the 24th day of July, 1914, there was served and…

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