Moore v. Phillips
Supreme Judicial Court of Maine
On Exceptions by Appellant. This was a petition for adoption. Samuel Young the grandfather of the child, six years old, consented to the adoption. On the petition notice was ordered on Adelia M. Moore, the mother of the child. A copy of the petition and order was served on her. She appeared and claimed her child and objected to its adoption. The judge of probate decreed that the prayer of the petition be granted. From this decree she appealed.
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On Exceptions by Appellant. This was a petition for adoption. Samuel Young the grandfather of the child, six years old, consented to the adoption. On the petition notice was ordered on Adelia M. Moore, the mother of the child. A copy of the petition and order was served on her. She appeared and claimed her child and objected to its adoption. The judge of probate decreed that the prayer of the petition be granted. From this decree she appealed. The petitioners moved to dismiss the appeal because she has no right of appeal, and because the court has no jurisdiction. The court sustained the…
1Opinion of the CourtPowers, J.
The appellant excepts to the ruling of the judge at nisi prius dismissing her appeal from the decree of the judge of probate, grantihg to Elijah Phillips and wife the adoption of the child of the appellant and her deceased husband.
By R. S., c. 67, § 36, a right of appeal is given only to the petitioner and to the child by its next friend. Gray v. Gardner, 81 Maine, 558. The mother might have taken an appeal for the child as its next friend. Murray v. Barber, 16 R. I. 512. She did not, however, undertake to appeal for the child.
The appeal both in form and substance is her own. It sets forth…
2Cited by3 opinions
- In Re Will of EdwardsSupreme Judicial Court of Maine · 1965
- St. Clair v. Estate of EdwardsSupreme Judicial Court of Maine · 1965
- FrenchSupreme Judicial Court of Maine · 1936