New Mexico Supreme Court January 11, 1946, No. 4921. (Martinez v. Martinez)

BRICE, Justice.

This is an action for divorce, in which is involved the right to the custody of the parties’ infant son, a child under three years of age.. The right to the custody of the child only is before us. It is asserted by appellant that because of certain unauthorized proceedings by the district court subsequent to the trial, the decree is fatally defective.