APPLICATION OF BYINGTON

No. 4477.

366 P.2d 518 (1961)

Application of Robert C. BYINGTON, Jr., for a Writ of Habeas Corpus.

Supreme Court of Nevada.

November 22, 1961.


Attorney(s) appearing for the Case

John G. Spann, of Las Vegas, for Petitioner.

Roger D. Foley, Atty., Gen., John F. Mendoza, Dist. Atty., and Charles L. Garner, Deputy Dist. Atty., Clark County, Las Vegas, for Respondent.


McNAMEE, Justice.

This is an original petition for a writ of habeas corpus.

On May 5, 1961, Patricia Byington commenced an action for divorce against petitioner in Clark County asking custody of the three minor children of the parties. Petitioner at that time was a resident of Ohio. Thereafter and before summons was served upon him he came to Nevada and took possession of Robin Byington, aged 8 years, and Holly Byington, aged 6 years, the two older children...

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