Legal Opinion

McQuiston's Adoption

Supreme Court of Pennsylvania

Decided January 6, 1913No. Appeal, No. 76PublishedCited by 39 opinions

Appeal, No. 76, Oct. T., 1912, by Hannah A. McQuiston, from decree of O. P. Armstrong Co., June T., 1891, No. 19, dismissing petition to revoke decree of adoption of Harry Bitchey Mc-Quiston. Petition for the revocation of a decree of adoption. Before Patton, P. J. The opinion of the Supreme Court states the case.

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Appeal, No. 76, Oct. T., 1912, by Hannah A. McQuiston, from decree of O. P. Armstrong Co., June T., 1891, No. 19, dismissing petition to revoke decree of adoption of Harry Bitchey Mc-Quiston. Petition for the revocation of a decree of adoption. Before Patton, P. J. The opinion of the Supreme Court states the case. Error assigned was in refusing to revoke the decree of adoption. — The record of adoption discloses the lack of jurisdictional essentials required by the Act of 1855, as amended, and that the decree is without jurisdiction and, therefore, void: Torrance v. Torrance, 53 Pa. 505;…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

The object of the proceeding in the court below was to have the decree of the Court of Common Pleas of Armstrong County of 4 March, 1891, whereby Harry Ritchey McQuiston, the appellee, was made the adopted son of Cyrus E. McQuiston, revoked. Appellant, the widow of the adopting parent, on T July, 1911, presented her petition asking for a revocation of the decree on the ground that not only does it nowhere appear in the decree, or in the proceedings which led up to it, that Cyrus E. McQuiston, who petitioned for the adoption, was at the time of so doing, or ever…

2Cases cited1 opinion

  1. Bladen v. PhiladelphiaSupreme Court of Pennsylvania · 1869

3Cited by39 opinions

  1. Manzanares v. ByingtonUtah Supreme Court · 2012
  2. Deibert to Use. v. RhodesSupreme Court of Pennsylvania · 1927
  3. Prichard v. Willistown Township School DistrictSupreme Court of Pennsylvania · 1959
  4. Summers v. DooleyIdaho Supreme Court · 1971
  5. Merscorp, Inc. v. Del. Cnty.Supreme Court of Pennsylvania · 2019

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