Legal Opinion · Dissent

Patton v. Shamburger

Texas Supreme Court

Decided May 29, 1968No. B-248Published

1DissentSmith, Justice

I respectfully dissent. The holding of the Court is that minor children adopted by another are no longer “minor children” of the natural father save only for inheritance purposes. This holding gives an entirely too literal interpretation to the Adoption Act and reaches a result which I think is contrary to the Legislature’s intent in drafting the Adoption Act and the Workmen’s Compensation Act. The fact that the Adoption Act states that all legal relationship and all rights and duties between the adopted child and its natural parents cease and determine does not mean that the minor child…

2Cases cited7 opinions

  1. New Amsterdam Casualty Co. v. FreelandSupreme Court of Georgia · 1960
  2. Stanaland v. Traders & General InsuranceTexas Supreme Court · 1946
  3. Holland Construction Co. v. SullivanSupreme Court of Arkansas · 1952
  4. Day v. Town ClubSupreme Court of Iowa · 1950
  5. Consolidated Underwriters v. WardCourt of Appeals of Texas · 1933

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