McFall v. Simmons

Citations

• 12 S.D. 562
• 81 N.W. 898
• 1900 S.D. LEXIS 61

Syllabus

<p>1. Though the time of appeal from an order granting an association the custody of plaintiff’s children had expired, the court had jurisdiction to consider plaintiff’s petition for an order granting him their custody, when such petition alleged that since the former order his circumi stances had changed, and that he was now able to provide and care for them, since such petition is not to review or reverse the former order, but is to procure a new judgment on a new state of facts.</p> <p>2. Under Laws 1897, Chap. G7, providing that, on petition for the appointment of a guardian for minor children, the court may order their surrender to certain associations, such order is a substitute for the appointment of a guardian; and hence, under Comp. Laws, § 2650, permitting the removal of guardians when it is no longer proper that the ward be under guardianship, the court had jurisdiction of plaintiff’s petition lor custody of his children, who had been surrendered to such an association.</p> <p>3. Plaintiff being a resident of the county in which he petitioned the court for the custody of his children, they being presumptively residents of the same county, the court had jurisdiction to consider his petition, and enter an order granting him their custody.</p>