Morris v. Dooley
Supreme Court of Arkansas
Appeal from Phillips Circuit Court. Grant Green, Jr., Judge. 1. An order of adoption of a child made by the probate court, when the record fails to show the residence of the child, is void when collaterally attacked. 2 Wall. 328; 18 id. 371; 51 Ark. 35 ; 54 id. 643 ; Black on Judg. sec. 279; Freem. on Judg. sec. 123; 12 Am. & Eng. Enc. Law, 276. The residence of the child was jurisdictional, under the act.
Read the full summary
Appeal from Phillips Circuit Court. Grant Green, Jr., Judge. 1. An order of adoption of a child made by the probate court, when the record fails to show the residence of the child, is void when collaterally attacked. 2 Wall. 328; 18 id. 371; 51 Ark. 35 ; 54 id. 643 ; Black on Judg. sec. 279; Freem. on Judg. sec. 123; 12 Am. & Eng. Enc. Law, 276. The residence of the child was jurisdictional, under the act. Acts 1885, p. 32. 17 Ore. 204; 85 Cal. 203 ; 53 Io. 146 ; 83 Ala. 528 ; 46 N. Y. 236 ; 33 Neb. 509; 141 111. 140; 8 Ark. 318. 2. Evidence dehors the record is not admissible to show…
1Opinion of the CourtHughes, J.
This is an action in ejectment by appellant, claiming lands described in her complaint as heir at law_of-Márk A. Dooley. The lands were also claimed by Mary E. Dooley, as the adopted heir of said Mark^A.~~Doolev. and her right to the land depends upon the validity of the proceedingst for her adoption in the Phillips county probate court. ,
The act of February 25, 1885, under which these proceedings were had, provides :
“Sec. 1. That any person desirous of adopting any child may file his petition therefor in the probate court,, in the county where such child resides.
“Sec. 2. Such petition shall…
2Cases cited5 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Harvey v. TylerSupreme Court of the United States · 1865
- Montgomery v. MerrillMichigan Supreme Court · 1877
- Henning v. Planters' Ins. Co.United States Circuit Court · 1886
- Railway Co. v. LindsaySupreme Court of Arkansas · 1892
3Cited by33 opinions
- In Re Adoption of Duren v. HicksSupreme Court of Missouri · 1947
- Poe v. CaseSupreme Court of Arkansas · 1978
- Dean v. BrownSupreme Court of Arkansas · 1950
- O'Connor v. PattonSupreme Court of Arkansas · 1926
- Hart v. WimberlySupreme Court of Arkansas · 1927
28 more not listed; retrieve them via the Exa API.