Sakraida v. Sakraida

LUSK, Chief Justice. A decree of divorce in favor of the appellant awarded her the custody of the minor child of the parties. Afterwards, on motion of the respondent, the decree was modified so as to award the custody of the child to him. The appellant duly served and filed notice of appeal from the modifying order and gave an undertaking to pay all damages, costs and disbursements which might be awarded against her on the appeal. The child is in the actual custody of the respondent, and the appellant has now moved this court for an order restoring the custody to her pending the appeal, on the ground that the appeal bond stays the proceedings.