King v. Sears

• Court: Iowa Supreme Court
• Writing for the Court: DEEMER, J.
• Citation: King v. Sears, 177 Iowa 163, 158 N.W. 513 (Iowa 1916)
• Decision Date: 29 June 1916
• Docket Number: 31009
• Parties: CHARLES KING, Plaintiff, v. W. G. SEARS et al., Defendants

158 N.W. 513

177 Iowa 163

CHARLES KING, Plaintiff, v. W. G. SEARS et al., Defendants

No. 31009

Supreme Court of Iowa, Des Moines

June 29, 1916

Certiorari to Woodbury County.--W. G. SEARS, Judge.

ORIGINAL certiorari proceedings in this court, to review the action of the district court of Woodbury County, and W. G. Sears, a judge thereof, wherein Charles King, a minor, was declared to be a dependent, neglected, delinquent, and incorrigible child, and ordered committed to the State Industrial School at Eldora.--Writ annulled and order affirmed.

Writ Anulled and Order Affirmed.

T. P Cleary, for plaintiff.

No appearance for defendants.

DEEMER J. EVANS, C. J., PRESTON and GAYNOR, JJ., concur.

OPINION

DEEMER, J.

The return filed to the writ is not as broad as the petition therefor, and fails to furnish a basis for many of the attacks made upon the finding and order. This return shows a petition filed against plaintiff, alleging, in substance that he was a minor, 11 years of age, under the control of one Mrs. Cowely; that he was not an inmate of any state institution, and was not charged with the commission of a crime; but that he was a dependent, neglected and delinquent child, and was, in fact, incorrigible. This met the requirements of our Section 254-a16 et seq., Code Supplement, 1913.

It also shows an order made after a hearing to the court, in which the minor appeared in person and by attorney and with his mother, and was also represented by the probation officer, continuing the cause until the next term; and the minor was committed to the care and custody of the Boys' and Girls' Home at Sioux City, Iowa. An entry thereafter made is as follows:

"And now at this time, to wit: October 21st, A. D. 1915, it is ordered by the court that the order made and entered of record on the 24th day of September, A. D. 1915, staying commitment in the cause entitled 'The State of Iowa vs. Charley King,' be and the same is hereby cancelled and revoked, and it is further ordered by the court that the judgment made and entered of record on said 24th day of September, A. D. 1915, committing said defendant to the State Industrial School for Boys at Eldora, Iowa, be, and the same is hereby declared to be in full force and effect."

This apparently has no reference to the original order, and the record made on September 24, 1915, is as follows:

"And now at this time, to wit, September 24th, A. D. 1915, this matter comes on for hearing to the court, before the Honorable W. G. Sears, judge said defendant, Charley King, having been heretofore and on the 3d day of November, 1914, charged with incorrigibility and, on the 11th day of November, 1914, placed in the care and custody of his grandparents, and said charge being at this time renewed, thereupon said defendant, being duly advised of his right to trial by jury, waives formal trial and consents to an immediate hearing and this cause thereupon proceeds to hearing to the court, upon its merits; and the court having duly inspected the petition heretofore and on the said 3d day of November, A. D. 1914, filed, and this matter being fully submitted to the court, and the court being fully advised in the premises, finds that said defendant, Charley King, was born on December 9, 1903; that he is incorrigible and is a fit and proper subject for commitment to the State Industrial School for Boys at Eldora, Iowa. It is therefore ordered, adjudged and decreed by the court that said defendant, Charley King, be, and he is hereby committed to the State Industrial School for Boys at Eldora, Iowa, and confined therein until he attains the age of twenty-one years, unless sooner discharged, and the sheriff of this county is hereby ordered and directed to deliver the said defendant to the superintendent of said school without unnecessary delay for the enforcement of this order and judgment, and the superintendent of said school is hereby ordered and directed to receive said defendant and care for him as...