78 N.E.2d 342

Carrol Nees, Appellant, v. Floy Thorson, Appellee.

Gen. No. 9,573. (Abstract of Decision.)Appellate Court of Illinois.
Opinion filed March 8, 1948 Released for publication April 5, 1948

PARENT AND CHILD, § 3[*] sufficiency of evidence to entitle father to custody. In father’s proceeding for custody of his child, who had previously been declared dependent and was then living with married couple desiring to adopt child, where father made sufficient showing that he was fit and proper person to have child and that he could properly maintain, educate and rear child, court erred in refusing to grant custody of child to father.

[*] See Callaghan’s Illinois Digest, same topic and sectionnumber.

Appeal from the County Court of Ford county; the Hon. J.H. BENJAMIN, Judge, presiding.

Reversed and remanded with directions. Heard in this court at the February term, 1948.

Middleton Middleton, for appellant;

Charles E. Carnahan, for appellee.

Opinion by PRESIDING JUSTICE WHEAT.

Not to be published in full. Opinion filed March 8, 1948; released for publication April 5, 1948.

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