Legal Opinion · Dissent

In re Adoption of Perkins

Supreme Court of Iowa

Decided September 18, 1951No. 47866Published

1DissentGarfield, J.

(dissenting) — I join in the dissent of Justice Smith (written after the writer’s dissent). However, I desire to go further and point out that any fair review de novo of the evidence (assuming the propriety of such procedure) does not require or warrant the majority’s holding- that the boys’ welfare will best be served by denying' the adoption. Then Division II hereof- discusses more fully than does Division I of Justice Smith’s dissent the question of the claimed necessity for the father’s' consent to th-e adoption.

It may also be pointed out that the method of review here (whether de novo or…

2Cases cited15 opinions

  1. Chehak v. BattlesSupreme Court of Iowa · 1907
  2. Spencer v. FranksCourt of Appeals of Maryland · 1937
  3. Iowa-Illinois Gas & Electric Co. v. City of BettendorfSupreme Court of Iowa · 1950
  4. Dudley v. DudleySupreme Court of Iowa · 1911
  5. Swift v. SwiftSupreme Court of Iowa · 1947

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