People Ex Rel. Jones v. Savage

WARD, J., Dissenting.

I dissent.

The majority opinion directs a reversal of the judgment with instructions to grant appellant’s motion to dismiss. The conclusion is based upon two grounds: that as a matter of legal right appellant was entitled to a dismissal, and that the finding that the children were destitute is contrary to undisputed facts.

It is not held that the motion to dismiss should be granted as a matter of law, except as stated, “that under the circumstances appearing in the record, appellant, as a matter of legal right was entitled to a dismissal.” The only “circumstances” referred…