De la Montanya v. De la Montanya

This is an action prosecuted by the respondent for the custody of the children of plaintiff and defendant, James De La Montanya, Jr., appellant. The children are the other defendants. The facts in regard to the time of the commencement of the action, and the publication of summons, and the absence of the defendants from the state, are in all respects as in the *133 divorce case No. 15596, just decided. Default was entered May 8,1894, and on the same day Francis E. Spencer was appointed guardian ad litem for the infant defendants. On the same day he filed an answer admitting all the allegations of the complaint, and joining in the prayer. Appellant did not appear in the case, and none of the defendants were within the jurisdiction of the court at any time after the suit was instituted.

May 15, 1894, a decree was entered which formally adjudged: 1. That all the defendants were citizens of this state and domiciled therein; 2. That the removal by the appellant of the children from the state was without right, and in .fraud and violation of the rights of plaintiff; 3. Awarding exclusive custody of the children to plaintiff; and 4. Requiring appellant to forthwith bring the infants…