The San Francisco call., 1896-03-26

Henshaw and Harrison, and lawyers hold
of United States decisions and the best
text writer's.
The story, of which this is somewhat of
a climax, begins several years ago. when
James de la Montanya was married to
Lorraine, the daughter of ex-Judge Spen-
Ger of San Jose. The affair was one of
those notable events that create a stir in
so ciety through the entire season.
Before those things happened that caused
the husband and wife TO separate two
C hildren had been born. The separation
took place in 1893, Immediately after the
husband returned from trip to Europe.
He took the children and returned to
Paris and became domiciled as a French
ci tizen under the French law.
The wife brought the suit for divorce
and the custody of the children. The
claim was set up with regard to the
children that the husband had left the
State to escape the jurisdiction of the
California courts. She also brought suit
separate from the divorce proceedings to
recover the custody of the children. She
Boalt & Bishop, E. R.. Taylor, Carroll
Cook and Francis E. Spencer of San Jose,
the latter being her father.
Service was had by publication. The
case was heard and Judgment was rem
dered by default
Messrs. Dorm & Dorm then appeared for
the defendant and, not combating the
divorce. moved that the judgment be set
aside in the suit for the custody of the
children and for permanent maintenance
anc also that portion OF the Judgment in
the divorce case awarding the custody of
the children and alimony. The reason
offered was that the defendant being
absent from the State the court had no
jurisdiction to award alimony on the
custody of the children, especially as the
children were also out of the State.
Then began bitter legal battle-one of
the strongest contests that the courts of the
State have witnessed for many years. The
briefs and records as they lie piled up in
the Office of the County Clerk to-day num-
Der more than 1000 pages. The points at
issue trenched upon new grounds. They
had never been raised in this State before.
No case in the history of the jurisprudence
of the United States, indeed, STANDS upon
all fours with it. The husband in the case
was q citizen of France and the children
were with him in his custody. Fighting
for the mother and the recovery of the
children. maintenance and alimony, were,
as stated, CARRIER. Boalt & Bishop. f. Tay-
lor, that technicologist,1C 1Carroll Cook, and
ex-Judge Spencer.
Against LDeSe lOICcS OOTH O OOIu SluSl
handed carried on the fight for the father.
Judge Slack in the Superior Court gave the
allied forces the victory. Dorm & Dorm went
to the Supreme Court. There John CARRIER
led the opposition and himself made the
principal argument.
But the Supreme Court sustained the
position of the counsel for the husband in
every particular and entered it's Judgment
accordingly-that the order of the lower
court be reversed and the trial cause re-
manded with directions to the lower court
to grant appellants motion to vacate the
portions OF the decree objected to"
The point of the decision is. in a word,
that when citizen of this. State passes
beyond the jurisdiction of the courts of
this State by taking up domicile in an
other, while the court retains jurisdiction
in rem upon any property which be may
have in court, over his person or of such
children Is he may have with him the
court has no jurisdiction to make any
award as TO their custody, nor for ali
mony, maintenance or counsel fees.
The decision, from which there is no
appeal, is one of international Importance.
James de la Montanya is descendant
of an ancient Huguenot family. Johannes
de la Montanya received the title of count
from the French court in 1919. James de
la Montanya Jr., having become domiciled
in France as French citizen, succeeds to
the title. and is now doubtless wearing the
family crest-e heur de lis supported by
two eagles with expanded wings.
The two children, the object of the great
controversy, are attending school in Paris.