IN RE SIMPSON

No. 669.

136 S.E.2d 647 (1964)

262 N.C. 206

In the Matter of Custody of Debra Carol SIMPSON and Johnny Simpson, Minors.

Supreme Court of North Carolina.

June 12, 1964.


Attorney(s) appearing for the Case

D. Leon Moore, Reidsville, for petitioner appellants.

McMichael, Griffin & Rankin, Reidsville, for respondent appellee.


BOBBITT, Justice.

Our first question is whether Judge Gwyn had original jurisdiction to hear and pass upon the questions presented by the petition.

The only procedure for the adoption of minors is that prescribed by G.S. Chapter 48. "Adoption shall be by a special proceeding before the clerk of the superior court." G.S. § 48-12. A superior court judge has no jurisdiction in adoption proceedings except upon appeal from the clerk. See G.S. § 48-21...

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