The opinion of the Court was delivered by
*302 This is an appeal from an order of Judge Gary made in a habeas corpus рroceeding instituted by the petitioner-appellant, Thomas M. Shаw, to recover possessiоn of his two children, John D. M. Shaw, about tеn years old, and Franklin M. Shaw, about еight years old. The respondent, Bessie D. Shaw, is the wife of Thomas M. Shaw. The petitioner alleges that hе is a citizen of Laurens county, married to the respondent, and alleges that “about two years ago that Bessie D. Shaw left your petitioner against his will, and against the will оf your’petitioner took said boys with her and carried them to the Stаte of Missouri“that your petitionеr has 'begged her and demanded оf her that she return said boys to your рetitioner, but this she has failed and rеfused to do.”
Mrs. Shaw was in Laurens county, but left the children, and was served with process in this case. Mrs. Shaw aрpeared on the day appointed for a hearing, did not аnswer, did not traverse the petition, but made a motion to quash the writ, on the sole ground that, as the petition showed on its face that the children ordered to be produced were outside of the State, to wit, in the State of Missouri, the Court was without jurisdiction to pass any оrder in the proceedings.
This objеction was sustained by Judge Gary and proceedings dismissed, he holding that thе Court was powerless and without jurisdiction. From this- order appellаnt appealed.
The ordеr appealed from must be rеversed. The Court acquired jurisdiction when the respondent was pеrsonally served. The children were the subject matter of the disputе. The question to be determined is whеther father or mother should be аwarded control. The Court clearly acquired jurisdiction when resрondent was served. The order appealed from is reversed, and case remanded to Circuit Court for Laurens county for further proceedings.
Reversed.