People ex rel. Witton v. Harriss

• Decision Date: 26 November 1940
• Docket Number: Gen. No. 41172.
• Citation: People ex rel. Witton v. Harriss, 307 Ill.App. 283, 30 N.E.2d 169 (Ill. App. 1940)
• Parties: PEOPLE EX REL. WITTON v. HARRISS ET UX.
• Court: Appellate Court of Illinois

307 Ill.App. 283

30 N.E.2d 169

PEOPLE EX REL. WITTON

v.HARRISS ET UX.

Gen. No. 41172.

Appellate Court of Illinois, First District, Second Division.

Nov. 26, 1940.

Appeal from Superior Court, Cook County; Francis B. Allegretti, Judge.

Habeas corpus proceeding by the People of the state of Illinois, on the relation of Helen B. Witton, once described as Helen Breton, against George M. Harriss and wife, to obtain custody of a child, “Baby Boy Breton,” also called John Arnold Harriss. From an order quashing the writ of habeas corpus, petitioner appeals.

Affirmed.

Nicholas A. Socrates, of Chicago, for appellant.

Latimer, Donovan & Brown, of Chicago (Daniel L. Donovan, of Chicago, of counsel), for appellees.

SCANLAN, Justice.

This is an appeal from an order quashing a writ of habeas corpus wherein the relatrix sought the custody of “Baby Boy Breton,” also called John Arnold Harriss, a child of six years of age.

The petitioner alleges that she was once described as Helen Breton and is the natural mother of the child in question, who is detained and unlawfully restrained of his liberty by respondents without any authority of law; that petitioner is advised that respondents detain the child by reason of a pretended decree of adoption of the county court of Cook county, Illinois. The petition then incorporates a certified copy of the following order of the county court of Cook county entered June 16, 1933:

+--------------------------------------------+
                ¦“State of Illinois¦)¦   ¦In the County Court¦
                +------------------+-+---+-------------------¦
                ¦                  ¦)¦ss.¦                   ¦
                +------------------+-+---+-------------------¦
                ¦County of Cook    ¦)¦   ¦of Cook County.    ¦
                +--------------------------------------------+
                

+---------------------------------------------+
                ¦“In the Matter of the Petition¦)¦            ¦
                +------------------------------+-+------------¦
                ¦of George M. Harriss and      ¦)¦Decree for  ¦
                +------------------------------+-+------------¦
                ¦Dorothy A. Harriss to adopt   ¦)¦Adoption    ¦
                +------------------------------+-+------------¦
                ¦Baby Boy Breton               ¦)¦            ¦
                +---------------------------------------------+
                

“On this day came the petitioners, by Ralph E. Batten, their attorney, and this cause coming on to be heard upon the petition herein, and evidence adduced by the petitioners, and the Court having heard the testimony in open court, and the arguments of counsel, and now being fully advised in the premises,

“The Court finds that it has jurisdiction of the parties hereto and of the subject matter hereof; that the allegations in said petition are fully proven; that Baby Boy Breton was born in Chicago, Illinois, on the 30th day of September, A. D. 1932, to Helen Breton, an unmarried girl of legal age, the only legal parent. Said child was found in Cook County, Illinois.

“The Court finds that the mother of said child has abandoned said child, and consented in writing to the adoption of said child, by the petitioners, George M. Harriss and Dorothy A. Harriss, and has filed her appearance.

“The Court finds that Elizabeth A. Bettridge has been duly appointed Guardian ad Litem, by the Court, for and on behalf of said minor child, Baby Boy Breton.

“The Court further finds that the consent of the Department of Public Welfare, of the State of Illinois, has been obtained and produced herewith.

“The Court further finds that said child is a male child, of the age of two weeks; that its present name is Baby Boy Breton; that the petitioners are of sufficient ability to bring up the said child, and furnish suitable nurture and education therefor; and that it is fit and proper that such adoption should be made, and for the best interest of said child.

“It is therefore ordered, adjudged and decreed, in accordance with the Statute in such cases made and provided, that from this date said child, Baby Boy Breton, shall, to all legal intents and purposes, be the child of the petitioners, George M. Harriss and Dorothy A. Harriss, and for the purpose of inheritance and all other legal incidents and consequences, shall be the same as if he had been born to them in lawful wedlock.

“It is further ordered, adjudged and decreed, that the name of said child be changed to John Arnold Harriss, according to the prayer of the petitioners herein.”

The petition then incorporates the verified petition for adoption filed by respondents in the adoption proceeding, which reads as follows:

+-------------------------+
                ¦“State of Illinois ¦)¦   ¦
                +-------------------+-+---¦
                ¦                   ¦)¦ss.¦
                +-------------------+-+---¦
                ¦County of Cook     ¦)¦   ¦
                +-------------------------+
                

“In the County Court of Said County

+------------------------------------------+
                ¦“In Re Petition of George M.  ¦)¦         ¦
                +------------------------------+-+---------¦
                ¦Harriss and Dorothy A. Harriss¦)¦         ¦
                +------------------------------+-+---------¦
                ¦                              ¦)¦No. 67290¦
                +------------------------------+-+---------¦
                ¦to Adopt Baby Boy Breton      ¦)¦         ¦
                +------------------------------------------+
                

“Petition for Adoption

“Your petitioners, George M. Harriss and Dorothy A. Harriss, husband and wife, respectfully show that they reside in Chicago, in the State of Illinois.

“Your petitioners further show that they desire to adopt Baby Boy Breton, a male child, according to the Statute in such case made and provided; that said child is about the age of two weeks. Said child was found in Cook County, Illinois.

“Your petitioners further show that the cause for adoption of said child is that the mother, Helen Breton, an unmarried girl of legal age, the only legal parent, cannot furnish suitable nurture, maintenance and education for said child, and has abandoned said child, has filed her appearance, and has consented in writing to said adoption.

“Your petitioners further show that the last known residence of the mother of said child, so far as is known to your petitioners, is Chicago, Illinois.

“Your petitioners further show that the names of the persons having the custody of said child are George M. Harriss and Dorothy A. Harriss, residence--5555 Everett Avenue, Chicago, Illinois.

“Your petitioners request that Elizabeth A. Bettridge be appointed Guardian ad Litem to appear for and in behalf of said minor child, Baby Boy Breton.

“Your petitioners further show that they are of sufficient ability to bring up the said child, and furnish suitable nurture and education therefor.

“Wherefore, your petitioners pray that the mother, Helen Breton, be made a party defendant and be required to answer this petition, according to the Statute in such case made and provided and that in default of such answer, the petition herein may be taken as confessed by the said mother.

“Wherefore, your petitioners pray this Honorable Court for leave to adopt as their own child, the said Baby Boy Breton, and that the name of said child be changed to that of John Arnold Harriss.

“And that such other order or orders may be made, as to law and justice may appertain.

“George M. Harriss

“Dorothy A. Harriss”.

The petition then alleges that the allegations in the petition for adoption that the relatrix could not furnish suitable nurture, maintenance and education for the child, and that she had abandoned the child, were untrue. The petition then incorporatesa certified copy of a written consent to the adoption, which was signed by her and filed in the adoption proceedings, which reads as follows:

+--------------------------------+
                ¦“In the matter of the Adoption¦)¦
                +------------------------------+-¦
                ¦of Baby Boy Breton,           ¦)¦
                +--------------------------------+
                

“I, Helen Breton, unmarried, of Chicago, Illinois, being of legal age, and the mother of a male child, who was born on the 30th day of September, 1932, in Chicago, Cook County, Illinois, do hereby relinquish all the right, and interest, of every kind, nature and description, which I now have, or may have, in and to said minor child, and I do hereby enter my appearance in said adoption case, and waive issuance and service of summons on me and consent to an immediate hearing, and to the entry of the decree for adoption, as prayed for in the petition for adoption, and waive all my right to appeal, or writ of error. I do hereby consent to the adoption of the said child, by the petitioners, George M. Harriss and Dorothy A. Harriss, his wife.

“I hereby consent to the appointment of the Guardian ad Litem for said Baby Boy Breton, and hereby confirm all acts, as Guardian ad Litem, for the purpose of adoption.

“Helen Breton

“Witnesses:

“Robt. A. Black

“Lucille Lansen

+-------------------------+
                ¦“State of Illinois ¦)¦   ¦
                +-------------------+-+---¦
                ¦                   ¦)¦ss.¦
                +-------------------+-+---¦
                ¦County of Cook     ¦)¦   ¦
                +-------------------------+
                

“On this 14 day of October, 1932, personally appeared before me, Helen Breton, the person who signed the foregoing instrument, and acknowledged that the said instrument was her free and voluntary act, and was executed and delivered for the use and purpose therein set forth.

“Fern Hunt (Notarial)

(Seal)”

The petition then alleges:

“VII. That the said decree for adoption was rendered only upon the ground of the aforesaid alleged consent on behalf of your petitioner; that such alleged consent was not given freely, voluntarily and understandingly by your petitioner; that said alleged consent was obtained from your petitioner by undue influence, and that your petitioner was misled, deceived and overreached in the execution of the alleged consent; that your petitioner was taken to the hospital a few hours prior to the birth of said child by the nurse of one of the physicians, and there registered by said nurse as ‘Mrs. Helen Breton’ without petitioner's knowledge or consent; that the said child was born on September 30, 1932, and was not named or christened, though the said child is described as ‘Baby Boy Breton’ in...