McFadden v. Kendall

This case is in this court on appeal from the Court of Common Pleas of Auglaize county. There is no dispute as to the facts.

The Court of Common Pleas, in June 1939, in a divorce action awarded custody of a minor child to the mother, Carmen Maize, now Carmen McFadden, the plaintiff in this action. Thereafter, in 1941, Mary E. Kendall, the maternal grandmother of the minor child, filed an action in the Juvenile Court of Auglaize county, charging that the minor was a dependent child. In that action the plaintiff herein filed the following designated waiver, to wit:

“I, the undersigned, Carmen…