43 Ind. App. 607 | Ind. Ct. App. | 1909
The appellees filed in the court below their petition, in due form, for the adoption of a six-year-old child, by the name of Agnes Egnew. The petition sets forth the fact that the father and mother of the child are both dead ; that the petitioners have eared for it since the death of its mother, which occurred when the child was a few months old; that the petitioners are amply able properly to care for and educate said child. Said petition in all respects conforms to the requirements of the statute on the subject. The appellant had, previously to the filing of the petition, been duly appointed guardian of the child, and, upon the filing of the petition, the court ordered notice given to him of the pendency of the same. He appeared, and on his petition the court permitted him to file an answer to appellee’s petition. The matter was heard, and upon hearing the evidence the court made the proper order for the adoption by appellees of said child, and from this order appellant appeals.
Tt is insisted here that the order of the court in the premises is erroneous, for the reason that it was made without the consent and over the objection of the appellant, appellant’s contention being that, before the court was authorized to make the order, the consent of the appellant, as guardian of the child, must have been given. It was shown that the
The appeal is therefore dismissed at appellant’s costs.