In re Mcmahon Children
| Decision Date | 05 January 1949 |
| Citation | 63 A.2d 198,115 Vt. 415 |
| Parties | IN RE MCMAHON CHILDREN |
| Court | Vermont Supreme Court |
November Term, 1948.
Jurisdiction of Courts.
1. A court will dismiss a cause at any stage, whether moved by a party or not, when it is discovered that it has no jurisdiction; an objection to the jurisdiction over the subject-matter is never out of time.
2. When acting as a juvenile court a municipal court exercises special and limited statutory powers not according to the common law; nothing is presumed in favor of its jurisdiction but the facts necessary to confer it must affirmatively appear from the record; and if the facts necessary to confer jurisdiction do not appear from the record its judgments are void.
3. As between parties to a suit and their privies a final judgment on the merits rendered by a court of competent jurisdiction is, in the absence of collusion or fraud, conclusive as to all material issues therein involved; but where there is no valid judgment, there is no estoppel and the matter is not res judicata.
PETITION under P. L. 5446 brought to Municipal Court acting as Juvenile Court. Hearing on motion to dismiss, Franklin Municipal Court, Cushing, acting judge. Motion overruled.
Judgment dismissing the motion of the Town of Fairfield reversed. Judgment that said motion be granted, the original petition be dismissed and the judgment rendered therein be reversed and held for naught.
John H. Webster for town of Fairfield.
Clifton G. Parker, Attorney General, and Frederick G Mehlman, Deputy Attorney General, for the State.
Present: MOULTON, C. J., BUTTLES, JEFFORDS and CLEARY, JJ., and ADAMS, Supr. J.
A petition under P. L. 5446, signed by W. H. Morey, Petitioner Overseer of the Poor, Fairfield, was brought to Franklin Municipal Court, sitting as a Juvenile Court, wherein it was alleged upon information and belief that Marilyn McMahon, Richard McMahon, Catherine McMahon and Raymond McMahon, hereinafter termed the children, were dependent children within the meaning of the statute, residing at Fairfield in the County of Franklin, with or under the control of Vermont Catholic Charities, Inc., St. Joseph's Orphanage, Burlington.
Hearing was had on the petition on January 20, 1947, at which the father of the children and a representative of the department of public welfare were present; the overseer of the poor of the Town of Fairfield stated by telephone that his appearance could be noted and a representative of Vermont Catholic Charities telephoned stating her interest in the case. The Court made findings, inter alia, that the four children were dependent within the meaning of the statute and ordered that each of them be committed to the Department of Public Welfare at the joint expense of the State of Vermont and the Town of Fairfield, and a mittimus to the department for each child was issued. It was further ordered that the father contribute twelve dollars per week towards the support of the children. It does not appear that exceptions were taken to the findings of fact or to the court's judgment and order.
On July 12, 1948, the Town of Fairfield filed a motion with the court that the case be re-opened and brought forward, that further hearing be held therein, the order of January 20, 1947, be vacated, all previous proceedings in the cause be declared null and void and the case dismissed for lack of jurisdiction. Upon hearing after notice to the Comissioner of Social Welfare, the Attorney General and the State's Attorney for Franklin County, the court, sitting as a juvenile court, dismissed the motion with exception to the Town of Fairfield upon which it comes to this Court.
A court will dismiss a cause at any stage, whether moved by a party or not, when it is discovered that it has no jurisdiction, and an objection to the jurisdiction over the subject-matter is never out of time. Miner's Exrx. v. Shanasy, 92 Vt. 110, 112, 102 A. 480; Sanders v. Pierce, 68 Vt. 468, 35 A. 377; Barton v. Sutton, 93 Vt. 102, 104, 106 A. 583. Fillmore's Admr. v. Morgan's Admrx., 93 Vt. 491, 493, 108 A. 708; Fuller v. Morrison, 106 Vt. 22, 24, 169 A. 9; Smith v. White's Estate, 108 Vt. 473, 480, 188 A. 901.
Sec. 5446 of the Public Laws, under which this petition was brought, provides that a person who has knowledge of a child in his county who appears to be dependent... may file with a court in such county a petition in writing, setting forth the facts, verified by oath. It shall be sufficient that the facts stated in such petition are upon information and belief. The commissioner of public welfare or his deputy may file such petition in such a court in any county. As appears from § 5445, as amended, Franklin Municipal Court, sitting as a juvenile court, was the only court in Franklin County to which a petition under § 5446 could be brought.
§ 5447 as amended reads thus:
Sec. 5450 provides that on the return of the summons or other process, or as soon thereafter as may be, the court shall proceed to hear and dispose of the case in a summary manner, and § 5454 directs that when a child is found to be dependent within the meaning of this chapter, the court may make an order committing the child to the care of the department of public welfare, or to...
By Sec 5455 it is provided that when a dependent... child has been committed by...
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