Hendrix v. Hunter

*787Nichols, Judge.

The plaintiffs' in error contend that the court dismissed the proceeding on the ground that under the circumstances of the case the consent to the adoption by the mother was not binding on her and failed to consider the case on its merits, the contention being that the basis for the court’s ruling on the question of consent was erroneous. The basis for the contention is that the trial judge, at the hearing on December 10, 1958, said orally: “In other words, the court is ruling that the original consent agreement or any agreement and the agreements made prior to the birth of the…