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STATE EX REL. WARD v. SUP. COURT

No. 31742.

38 Wn.2d 431 (1951)

230 P.2d 302

THE STATE OF WASHINGTON, on the Relation of Willis Ward et al., Plaintiff, v. THE SUPERIOR COURT FOR PIERCE COUNTY, Hugh J. Rosellini, Judge, Respondent.

The Supreme Court of Washington, Department Two.

April 12, 1951.

Attorney(s) appearing for the Case

Copeland & Tollefson, for relators.

Crippen & Flynn, for respondent.

HAMLEY, J.

This is, in form, a proceeding for a writ of prohibition. For the reasons stated below, however, it will be treated as an original application to have this court set aside a void order staying execution of a judgment in a cause now on appeal to this court.

Willis and Dorothy Ward, the natural parents of seven-year-old Warren Layne Ward, instituted a habeas corpus proceeding to recover the custody...

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