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eBook details

• Title: Ronda Otto Et Al. Duane L. Hubbard v. Ruby
• Author : Supreme Court of Nebraska
• Release Date : January 16, 1966
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

This is an appeal by Ruby Otto Loewenstein, the mother of two children, aged 8 and 3 years, from a judgment of the district
court for Buffalo County declaring the children dependent and neglected children, and placing them in the custody of the State
of Nebraska, Department of Public Welfare, with full power to place the children out for adoption. The first assignment of error challenges the jurisdiction of the court on the ground that the petition was not properly verified
by affidavit; that the mother was a resident of Dawson County; that the residence of the children followed that of the mother;
and that Buffalo County was not the proper county for jurisdiction. The petition specifically alleges that the minor children,
as of the date of filing on January 22, 1966, were in the custody of Fern Anderson, Kearney, where they were placed by the
sheriff November 13, 1965. These facts meet the requirements of the statutes and are not denied either in the pleadings or
the evidence. The petition is verified on oath by the deputy county attorney, and such verification is clearly sufficient
as an affidavit. The record also shows that the divorce action in which custody had originally been granted to Ruby Otto was
in Buffalo County. Jurisdiction in proceedings to declare children neglected or dependent under section 43-201, R. S. Supp.,
1965, does not depend upon the domicile of the parents. It has its origin in the protection that is due to the incompetent
or helpless. See Jones v. State, 175 Neb. 711, 123 N.W.2d 633.

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