Davey v. Evans

An analysis of the cases sought to be overruled is in order. In the first of them, Herrin v. Graham, 87 Ga. App. 291 (73 SE2d 572) (1952) it was stated (p. 293) that “it is clear that the child’s domicile was changed from Tennessee to Georgia” prior to the adoption proceeding. In Altree v. Head, 90 Ga. App. 601 (83 SE2d 683) (1954), the child, although English by birth, was “legally in the custody of the applicant whose domicile was shown to be in” the county of domicile of the adoptive parents, being the county where the petition for adoption was filed. The third case, Carpenter v. Forshee,…