McGowen v. Smith

SIMPSON, Justice.

The appellant filed in the probate court a petition for the adoption and change of name of the infant daughter of his wife (appellee’s former wife). Appellee, the natural father of the infant, although not named in the petition for adoption nor made a party thereto by the appellant, intervened and filed a motion to dismiss the petition. The probate court dismissed this petition for adoption and denied appellant’s motion to set aside the decree of dismissal. This appeal followed.

Appellee and his former wife were married on October 18, 1947. From this union a daughter was born…