SMITH v. HOUSTON

34837.

244 Ga. 113 (1979)

259 S.E.2d 93

SMITH v. HOUSTON et al.

Supreme Court of Georgia.

Decided September 6, 1979.


Attorney(s) appearing for the Case

McCamy, Minor, Phillips & Tuggle, James T. Fordham, for appellant.

Susan W. Bisson, for appellees.


PER CURIAM.

The Smiths were divorced in 1978 and custody of their two young children, a boy and a girl, was awarded to the mother. Thereafter Mr. and Mrs. Houston adopted the Smiths' son with the consent of the mother but without the consent of the father.

The father brought suit in equity to set aside the adoption because he had not been personally served with notice of the proceeding, and to obtain custody of his son. The trial court set aside the order...

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