In Re McKean

— The petitioner, as the mother of three minor children, has applied for a writ of habeas corpus. In her petition she alleges that formerly she and C. J. McKean were husband and wife; that there were born as the issue of the marriage the three minor children above mentioned; that on the seventh day of May, 1926, the petitioner commenced an action for divorce; that the husband was duly served with summons and complaint, but that he did not appear and that his default was entered; that thereafter the divorce action came on for trial and an interlocutory decree was' entered on the twentieth day of May, 1926; that the interlocutory decree was in the ordinary form and recited that the divorce was granted on the ground of the defend ant’s extreme cruelty and it also contained an order awarding the custody of the minors to the mother and granting her $100 per month for the care, support, maintenance, and education of the children; that thereafter, on the twenty-seventh day of July, 1926, C. J. McKean appeared in the divorce action and applied for a modification of the decree, and among other things asked that he he awarded the custody of the minors and that the order contained in the…