51 Ind. App. 17 | Ind. Ct. App. | 1912
— Appellees filed their petition in the Clinton Circuit Court for the adoption of Oscar Ralph Strain, an infant nine j^ears of age. The petition sets forth that said child is a resident of Clinton county, Indiana, that its father and mother are both dead, and that appellant Shirley is its duly appointed and acting guardian. The petition further discloses that the petitioners reside in Tippecanoe county, Indiana, and are amply able to care for and educate the child, and that appellee Lavina A. Grove is its aunt. The petition conforms in all respects to the statute on the subject. On this petition the court made an order for the adoption of the child by the petitioners. At the next term of court, on the petition of appellant as guardian of the child, the court set aside the former order and decree, but later in the term, and after the decision of this court, rendered in the case of Leonard v. Honisfager (1909), 43 Ind. App. 607, 88 N. E. 91, the court reconsidered its action on the petition of the guardian, and struck said petition from the files and reinstated its first order. Prom this order the guardian seeks to prosecute an appeal.
Appeal dismissed.
Note. — Reported in 98 N. E. 874. See, also, under (2) 11 Cyc. 701; (3) 1 Cyc. 927-New* Cyc. Anno. As to collateral attack upon adjudication in proceedings to adopt a child, see 39 Am. St. 215. As (o a collateral attack on a decree of adoption, see 13 Ami. Cas. 587. The authorities on the right of parties to adoption proceeding, or their privies, to attack decree of adoption are reviewed in 30 L. R. A. (N. S.) 159.