By appearing generally and participating in the hearing without objecting to the capacity of the petitioner to bring the petition, the respondent waived any right to raise this issue later. They amount to nothing more than inadmissible ex parte statements. During the progress of the hearing respondent's counsel requested the Court to send the petition back to the initiating state for clarification before proceeding further with the hearing, on the grounds set forth in respondent's Bill of Exceptions. But not for Daly. Under respondent's Exceptions II he claims that there was no evidence to support the court's finding of a duty on the part of Ulysses G. In proceedings for the enforcement of a decree in situations such as this, the petitioner undoubtedly would consider it desirable to identify the respondent by his true name and further show that the order was obtained against him under another name. First, if it is feasible for the wife to appear personally her residence is fairly near the court in this case , notice can be given to her through the initiating court perhaps also to her directly by mail to appear at a specified time, at which time the responding court may take her testimony and such further testimony of the defendant he having been subpoenaed for the occasion as may be called for. The only reasonable inference which can be drawn from the allegations in the petition is that the petitioner and respondent are the parents of the alleged dependent who was born of their marriage. The respondent also claims under his Exceptions I that the court erred in not granting his motion to return the petition for clarification because he had no opportunity to examine the petitioner to verify or disprove facts stated in the petition, and that he was entitled to have pertinent information and evidence furnished by the initiating state.
The court below undoubtedly in his discretion had the authority to return the petition to the initiating state for correction in this respect, but his refusal to do so does not constitute an abuse of discretion. But that only steels his determination to never give up. Pfueller, , 37 N. The respondent further claims under his Exceptions I that due to the fact that his name was not stated correctly in the petition, coupled with the apparent remarriage of the petitioner, that there was a reasonable probability that the child had been adopted, and that no liability for her support could be imposed upon the respondent. He then returned to Maine and neither saw nor heard from the petitioner afterwards. This provision was not in the act of the responding state, North Carolina. The motion was denied by the Court, and exceptions were reserved by the respondent. The hearing below was conducted by the Justice with care, but in reaching his findings he must have considered the allegations contained in the petition as evidence. How are they getting along without Daddy? We have already ruled that the court's action in not returning the petition for the reasons stated by the respondent at the time of the request was not an abuse of discretion. The petition clearly indicates that the child Ann was the child of the petitioner and of the respondent named in the petition as Ulysses G. Thereafter, that court shall render such judgment as the evidence and the law warrant. Under the provisions of R. Follow Nolan Daly as he walks the tightrope of living his life and desperately searching for his missing children. Consequently, there was no basis for a finding of a duty of support on the part of the respondent. While still reeling from that tragedy, he wakes up in a hospital with a pair of detectives asking him what he did to his family. While his marriage was far from perfect, could his wife really have masterminded this kidnapping? The question is, what is normal these days? It is now too late for him to claim want of capacity on the part of the petitioner. Under respondent's Exceptions I he contends that the court below erred in not returning the petition to the initiating state for clarification because the petition gave only the Christian name of the alleged dependent and failed to state her full name. The petitioner is rarely present in court, and if not, the respondent testifies first. Our act, unlike the North Carolina act, does not require the petition to be brought in the name of the dependent. For a discussion of the same principle, see 39 Am. That there is no evidence to support the finding that the respondent failed, neglected, and refused to provide such support for the dependent Ann in the petition. First, if it is feasible for the wife to appear personally her residence is fairly near the court in this case , notice can be given to her through the initiating court perhaps also to her directly by mail to appear at a specified time, at which time the responding court may take her testimony and such further testimony of the defendant he having been subpoenaed for the occasion as may be called for. The petition further alleged that "she is the mother and said respondent is the father of Ann, age 10 years, born on the 10th day of December, ," and that the respondent owed a duty of support to said child and had failed, neglected, and refused to provide such support. The petitioner should then have an opportunity to testify, and respondent should have the privilege of rebuttal.
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