44 Ind. App. 529 | Ind. Ct. App. | 1909
The Juvenile Court of Elkhart County upon the affidavit of William J. Sigerfoos, adjudged on March 11, 1909, that Bernice Spade was a female child, under seventeen years of age; that she-was born on May 22, 1906; that the appellant, Clarence L. Spade, was the father of said child, and that said child was a dependent and neglected child; that it had no money nor means of support, and should be made a public ward, and accordingly the custody of the child was awarded to the Board of Commissioners of the County of Elkhart until she should become twenty-one years of age and until the further order of the court.
On March 12, 1909, Lloyd L. Burris, prosecuting' attorney in and for Elkhart county, filed his affidavit against the appellant herein, and alleged that appellant was the parent of said Bernice Spade, and had the care, custody and -control of said child, who was two years old on May 22, 1908, and domiciled in said Elkhart county, Indiana; that said appellant did unlawfully, and by reason of wilful neglect, encourage and contribute to the neglect, delinquency and dependency of said child, which child was on March 11, 1909, by judgment of the Juvenile Court of Elkhart County, adjudged a dependent and neglected child.
The special findings herein are, in substance, as follows: Bernice Spade was a female child under the age of seventeen years, to wit, two years old on May 22, 1908. She lived in Elkhart county, and was a dependent and neglected child. The appellant unlawfully and by reason of wilful neglect encouraged and contributed to the neglect, delinquency and dependency of said child, and the Juvenile Court of Elkhart County had adjudged it a delinquent and neglected child. Bernice Spade is the child of Clarence L. Spade and Lilly Spade. On November 28, 1908, said Clarence L. Spade and Lilly Spade were divorced by judgment of the Elkhart Superior Court, and said Lilly Spade was awarded the care and custody of said child, and said Clarence L. Spade was ordered to pay $1.50 per week to Lilly Spade for the support of said Bernice Spade and Robert M. Spade. Said Clarence L. Spade from December 5, 1908, to January 11, 1909, paid to the clerk of the Elkhart Superior Court, as ordered, the sum of $12, which sum was paid to Lilly Spade. Said Clarence L. Spade has not contributed anything toward the support of said Bernice Spade since November 28, 1908. On that day said child was deserted by its mother, Lilly Spade, and she
Judgment affirmed.