Dupes

Eugenia N. Dupes sought and obtained from the district court of appeal an alternative writ of prohibition directed to the superior court of Kern County, sitting as a “Juvenile Court.” By it that tribunal was prohibited from interfering with the petitioner’s custody of her two minor children. Upon petition the matter was transferred to this court.

An action for divorce between T. W. Dupes and Eugenia N. Dupes was tried in the superior court. T. W. Dupes was the plaintiff, and his wife by answer and cross-complaint -demanded custody of their two minor children as he had done in his pleading. Pending the trial and pursuant to stipulation the court made an order awarding the custody of the children to the mother. Judgment went in favor of the father and the court made an order that he should have custody and control of the children, but this order was held by the district court of appeal to be of no force pending the appeal of the mother from the judgment against her. (In re Dupes, 31 Cal. App. 698 , [ 161 Pac. 276 ].) After the mother had resumed possession of the children following the decision in the procee'ding on habeas corpus, a warrant for their arrest and detention was issued…