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KEHELEY v. KOONCE

33893.

85 Ga. App. 893 (1952)

70 S.E.2d 522

KEHELEY v. KOONCE et al.

Court of Appeals of Georgia.

Decided April 11, 1952.

Attorney(s) appearing for the Case

Paul L. Lindsay Jr., Rache Bell, for plaintiff in error.

W. E. Harclerode, Camp & Camp, William T. Boyd, contra.

SUTTON, C. J.

1. The court did not err in overruling the motion to dismiss the petition. The petition was brought on the theory that the child was illegitimate. Under the act of 1941 (Ga. L. 1941, p. 301; Code, Ann. Supp., § 74-405), the consent of the mother alone in such a case will suffice. Whether or not the mother's consent was valid or was withdrawn were defensive matters to be considered on the objections to the adoption, and were not shown by the allegations...

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