Weber v. Holt

PEEK, J.

This appeal is presented on the judgment roll alone. Prom the brief of appellant (which is not contradicted by respondent) it appears the case arises out of a divorce proceeding by the mother of the infant Homer Allen Holt, a child, who at that time, was approximately 2% years of age.

[278]

When the divorce proceedings came on for hearing in the superior court, the judge thereof referred the matter to the probation officer of Madera County. Thereafter said officer filed a petition in said court seeking to have the child declared to be a ward of the juvenile court. Citations were issued to the petitioner and to the father of the child, requesting them to appear and show cause why the child should not be declared a ward of said court. The minutes of that proceeding show that all of the interested parties were present and sworn to testify. After due deliberation the court made its order adjudging the child to be a ward of the juvenile court and ordered him committed to the custody of the probation officer of said Merced County. It is from the order so entered that the mother has now appealed. Numerous contentions are made, none of which are well founded.

At the outset it is to be noted that “when an appeal is taken on the judgment roll alone . . . and when the record on appeal from an order does not show the evidence on which the order is based it will be presumed that the order was properly made and that the evidence necessary to sustain it was presented to the court ...” It necessarily follows that appellant’s first contention is without merit—that is—that the court was without power to order the custody and control of the child to be taken from her without giving her a hearing in the matter. In the absence of anything to the contrary and in accordance with the rule above mentioned this court must presume that the juvenile court did exactly what it said it did in its order, that it “required proof of the facts alleged in said petition and the truth thereof [was] established to its satisfaction by the testimony of Virginia Weber, Probation Officer.”

It is next contended that a juvenile court may not take jurisdiction of a custodial matter when that very question is then pending in a divorce proceeding. In the case of

Dupes