132 A. 545 | R.I. | 1926
Each of the above entitled cases is an appeal from a decree of the Municipal Court of the city of Providence brought to this court upon the bill of exceptions of the appellees filed after a decision of the Superior Court in which that court reversed the decree of the Municipal Court.
Each case is before us at this time upon the motion of the appellees that the Superior Court be directed to dismiss the *253 appeal on the ground that the Superior Court was without jurisdiction to try and determine said appeal, and that this court is without jurisdiction to pass upon said bill of exceptions.
Since these motions question the jurisdiction of this court and of the Superior Court, in accordance with our well settled practice we will pass upon that question before considering the bills of exceptions upon which the cases were brought here.McKenna v. McKenna,
It appears that one Mildred M. Lohr, is a child about eleven years of age; that both of her parents are dead; that the appellee, Louise I. Willis, is a sister of the child's deceased father; and that the appellant, Katherine J. Greene, is a sister of the child's deceased mother. Mrs. Willis, joining with her husband, the other appellee, petitioned the Municipal Court that they be permitted, in accordance with the provisions of the statute, to adopt said child. Later, Mrs. Greene, joining with her husband, the other appellant, also petitioned the Municipal Court that they be permitted to adopt said child. Both of said petitions being pending in the Municipal Court they were, for the convenience of the parties, heard together.
Said court on June 5, 1924, entered a decree granting the petition of the appellees, Willis, and also a decree denying that of the appellants, Greene. Thereafter, within forty days of their entry, the appellants, Greene, by a claim of appeal filed in each case, appealed to the Superior Court from the entry of each decree. These appeals were heard before a justice of the Superior Court sitting without a jury. Said justice filed his decision reversing the decree of the Municipal Court in each case, whereupon the appellees filed their bill of exceptions in each case and each case was certified to this court.
The grounds upon which the appellees now claim that the Superior Court and this court are without jurisdiction in the premises are that as to the decree of the Municipal *254 Court granting the Willis petition the appellants had no right of appeal under the statute, and that as to the appeal from the decree entered upon the Greene petition the appeal was entirely ineffective to bring the question of the adoption of Mildred M. Lohr before the Superior Court or before this court, as there was a judgment of the Municipal Court upon the matter of the adoption of Mildred M. Lohr from which no valid appeal has or can now be taken. Which judgment has become final and conclusive, and binding upon the Superior Court and upon us.
We will first consider the motion of the appellees with reference to the appeal from the decree of the Municipal Court granting the petition of the appellees. Although a recognized procedure under the civil law, the adoption of children was unknown in the common law of England. It came into the law of this State solely by virtue of the statute. It has been generally held that statutes, providing for the adoption of children, being in alteration of the common law, are to be strictly construed.Purinton v. Jamrock,
In their reasons of appeal in each case the appellants, Greene, have apparently relied upon the general provisions regulating appeals from probate courts. They have alleged themselves to be persons aggrieved by the decree of the Municipal Court entered upon the respective petitions. In *255
this allegation the appellants are in error. This court has said that a person "aggrieved" by a decree of the probate court, to whom a right of appeal therefrom has been given by statute, is solely one having a substantial grievance, i.e., the denial of some personal or property right, or the imposition upon him of a burden or obligation. Tillinghast v. Brown University,
We will now consider the motion of the appellees asking that the appeal of the appellants from the decree of the Municipal Court denying the appellants' petition should be dismissed. The petitioners come within the strict terms of the adoption statute, which gives to a petitioner a right of appeal from the decree entered upon his petition. To have standing in an appellate court, however, it is not enough that an appeal be proper in form or that it appears to be warranted by the language of the statute. To have any *257
force it must carry to the court of review a justiciable question upon which an effective determination may be made. The appeal of the appellants, Greene, sought to bring to the Superior Court their petition for the adoption of Mildred M. Lohr; but the Superior Court was without power to grant such a petition for the reason that a court of competent and exclusive original jurisdiction had already passed upon the adoption of the child, and through lack of appeal its determination had ripened into a final and conclusive judgment. The Superior Court acquired no jurisdiction over the subject matter through the appeal of the appellants Greene. Kenyon v. Probate Court,
The motions of the appellees are granted. It is ordered that this court return each of the above entitled cases to the Superior Court with direction to that court to vacate its decision made in each case and to transmit each case to the Municipal Court, there to stand in accordance with the decree entered in that court.