Ex parte Gordan

In December, 1887, the prisoner obtained a decree of divorce from his wife, Elka Gordan, on the ground of desertion. In his complaint for a divorce, he alleged that the issue of his marriage with Elka Gordan was one female child, born August, 1885. He did not state the name of the child, nor did he allege any facts showing his fitness or his wife’s unfitness to have her custody. The answer of Elka Gordan admitted the marriage, but denied generally all other allegations of the complaint, including of course the existence of the child. Neither party prayed for her custody, though the complaint contained a prayer for general relief. The court, by its judgment granting the divorce, further ordered and decreed: “ That the custody of the child of said marriage, to wit, Leah Gordan, aged two years old, be, until the further order of this court, placed in the charge and custody of the grandmother, Sarah Patek, to be by her cared for and sustained at the expense of plaintiff, Robert Gordan, in the city and county of San *376 Francisco, California, and shall not be removed therefrom until further order of this court, or by consent of both parties, plaintiff and defendant.”

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