Smith v. Privette & State

BY THE COURT

Many interesting questions are urged, well presented and well briefed by counsel. We believe, however, that this case may be determined upon one proposition.

It is doubtful if the affidavit alleging that Katherine Privette is a dependent minor states facts which, if true, constitute a charge of dependency against the minor.

It would seem unnecessary to state that the fact that a child is an illegitimate child would not constitute a dependent child under the statute. No such ground appears and it would be the height of inhumanity to read such a provision into our law. It is true that…