McKay

This is a hearing upon an original application for a writ of review. The unquestioned facts shown by the return are the following: Upon the sixteenth day of June, 1884, Emma J. McKay, then the wife of the petitioner herein, Angus McKay, obtained a decree of divorce from her husband. The decree awarded to her the care, custody, and control of the children of the marriage, Horton L. McKay, aged five years, and Ethel M. McKay, aged three years. It contained, however, no provisions for alimony for the maintenance and support of the minor children. Ho appeal was taken from this decree, and it has long since become a final adjudication. Ho further proceedings of any kind were had in that action until May of the current year, when Emma J. McKay, wrho had since remarried, and is now Emma J. Polastri, filed in the superior court, and in the action in which the decree of divorce was granted, a petition setting forth the decree, the award to her of the care, custody, and control of the children, who are still minors, and averring that no provision had been made by the court for their maintenance and support, prayed an order do compel the defendant in that action, the petitioner herein, to…