Vandermis v. Gilbert

Citations

• 10 Pa. Super. 570
• 1899 Pa. Super. LEXIS 320

Syllabus

<p>Practice, Superior Court — Appeal and certiorari — Proceedings in adoption.</p> <p>No provision is made for an appeal in proceedings for the adoption of a child under the Aot of May 19, 1887, P. L. 125, and the only writ by which a review can be had is a writ of certiorari; whilst the Act of May 9, 1889, P. L. 158, has reduced all writs designed to have a cause reviewed to one name the distinguishing characteristics of the different writs that prevailed before the passage of that act still remain. Hence the only question raised by an appeal in such proceedings is the regularity of the proceedings.</p> <p>Adoption — Act of 1887 — Precedent—Consent of parent, etc.</p> <p>The act of 1887 requires in cases of adoption, the consent of the parents or surviving parent to be given, if there are no parents then the consent of the next friend, guardian, 6lc.; where therefore the record shows that the consenting surviving parent died the day before the petition was presented and no other party competent to consent intervened the terms of the act have not been complied with and the proceedings must be quashed.</p>