Jackson v. Anglin

Court of Appeals of Georgia

Jackson v. Anglin

67 Ga. App. 320

CourtCourt of Appeals of Georgia

DecidedMay 6, 1942

Docket29155

StatusPublished

This text of 67 Ga. App. 320 (Jackson v. Anglin) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jackson v. Anglin, 67 Ga. App. 320 (Ga. Ct. App. 1942).

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Opinion

Felton, J.

The only question in this case of importance was decided by the Supreme Court in answer to a certified question. Jackson v. Anglin, 193 Ga. 737 (19 S. E. 2d, 914), to which reference is made.' Further discussion on the subject is not required. The only other matter to be dealt with is the effect of the statement of the judge of the juvenile court, in his order consenting to the adoption, to the effect that in the hearing on the sufficiency of guardianship the court took legal custody of the child from its parents. Since the juvenile court did not, by the provisions of its first order, take permanent legal custody of the child from its parents for the purpose of permanently placing it, the judge’s subsequent interpretation to that effect was ineffective to give it such an effect. The court erred in overruling the demurrer herein dealt with.

Judgment reversed.

Stephens, P. J., and Sutton, J., concur.

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Felton, J.

The only question in this case of importance was decided by the Supreme Court in answer to a certified question. Jackson v. Anglin, 193 Ga. 737 (19 S. E. 2d, 914), to which reference is made.' Further discussion on the subject is not required. The only other matter to be dealt with is the effect of the statement of the judge of the juvenile court, in his order consenting to the adoption, to the effect that in the hearing on the sufficiency of guardianship the court took legal custody of the child from its parents. Since the juvenile court did not, by the provisions of its first order, take permanent legal custody of the child from its parents for the purpose of permanently placing it, the judge’s subsequent interpretation to that effect was ineffective to give it such an effect. The court erred in overruling the demurrer herein dealt with.

Judgment reversed.

Stephens, P. J., and Sutton, J., concur.

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67 Ga. App. 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-anglin-gactapp-1942.

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