Mitchell v. Brown

Action by Second Husband of Child’s Mother Against Estate of Adopting Parent—Agreement for Compensation—Prima Facie Case—Improper Nonsuit.—In an action by the second husband of the mother of a child which had been legally adopted by the deceased, after the mother’s divorce from its father, and which had' been committed to the care of the mother and such second husband under an agreement for compensation, which action was brought for such compensation upon a rejected claim against the adopting parents’ estate, and in which the evidence for the plaintiff was sufficient to make a prima facie case for recovery, it was error to grant a nonsuit therein at the close of the plaintiff’s evidence.

Id.—Effect of Legal Adoption—Termination of Parental Obligations—Legal Contract With Parents.—After the legal adoption of a minor child by another person the parental obligations of its natural parents cease to exist, and they are no more legally liable for the maintenance, support and education of such child than would be a perfect stranger. It follows that an adopting parent may contract with the natural parents, or with its mother and her second husband, to take care of, support and educate the child for compensation, as freely and legally as such a contract could be made by the adopting parent with a stranger to the blood of such child.

Id.—Effect of Motion for Nonsuit—Legal View of Evidence.—A motion for a nonsuit at the close of the plaintiff’s evidence presents to the decision of the court to which it is addressed a question of law, pure and simple. It should be denied when there is any evidence to sustain plaintiff’s case, without passing upon the question of its sufficiency, or as to whether the court believes it or not. Upon such motion, the material facts which the evidence tends to prove must be assumed to be true; and if the evidence is fairly susceptible of two constructions, the court must take the view most favorable to the plaintiff; and if contradictory evidence has been given, it must be disregarded.

In.—Application op Principles op Evidence to Nonsuit.—It is held that, applying the principles of evidence to the motion for a nonsuit, the evidence for the plaintiff must be taken as showing that the agreement for compensation was with the plaintiff’s husband as well as with his wife, the child’s mother; that the care of the adopted child cannot b'e presumed gratuitous; that an explanation of a payment of $1,100 made to the mother after receiving the' adopted child, not connected with compensation therefor, but in consideration of her relinquishment of a claim against a different estate, in which her mother and the adopting parent were interested, must be assumed as true; and that every favorable inference and presumption from the evidence must be taken as true; and that the non-suit cannot be sustained.

Id.—Review of Errors in Evidence.—Errors in evidence cannot be reviewed upon an appeal from the judgment involving only the motion for a nonsuit, but may be reviewed upon appeal from an order granting a new trial.