Opinion
Gen. No. 10,115. (Abstract of Decision.)
Opinion filed May 26, 1947 Released for publication June 11, 1947
INCOMPETENTS AND DELINQUENTS, § 16 — neglected and dependent child, court's finding as sustained by weight of evidence. Court's finding that four-year-old child of divorced mother was dependent and neglected child within contemplation of Juvenile Court Act was not sustained by weight of evidence, where child was well cared for in private home in which mother had placed child at agreed weekly payment even though mother was in arrears with respect thereto due to sickness and ill health (Ill. Rev. Stat. 1945, ch. 23, par. 190; Jones Ill. Stats. Ann. 19.081).
See Callaghan's Illinois Digest, same topic and section number.
Error to the County Court of McHenry county; the Hon. HENRY L. COWLIN, Judge, presiding.
Reversed and remanded with directions to dismiss the petition. Heard in this court at the February term, 1947.
Anthony J. Mercurio, for plaintiff in error;
A.D. McMahon, of counsel;
Don A. Wicks, State's Attorney, Eckert Eckert and Joslyn Parker, for defendants in error;
Charles S. Parker and Floyd E. Eckert, of counsel.
Not to be published in full. Opinion filed May 26, 1947; released for publication June 11, 1947.