Hughes

This is an application for a writ of review to inquire into the legality of a certain order by respondent adjudging petitioner guilty of contempt and by way of punishment imposing a fine in the sum of one hundred dollars and, in default of payment, to be imprisoned in the county jail until said fine is paid, not to exceed one day for each twenty dollars of said fine. The alleged contempt, as appears from the petition and return thereto, grew out of an action for divorce in which a final decree in favor of plaintiff, Emma D. Clise, against Don M. Clise, was entered, on November 2, 1914, and giving the custody of the two minor children to the plaintiff, Mrs. Clise. Subsequently she became Emma D. Storie, presumably by marriage with L. W. Storie.

On May 24, 1915, Don M. Clise made application for an order modifying the order of November 2, 1914, and praying for an order granting him custody of said children during a portion of the time, to be fixed by the court. On June 4, 1915, the court made an order so modifying the order of November 2, 1914, allowing Don M. Clise the custody of the children from June 1 to August 15 of each year.

On June 5, 1915, L. H. Hughes, petitioner here,…