Opinion
No. 17,079.
Filed April 30, 1943.
1. INFANTS — Appeal From Judgment of Juvenile Court — Assignment of Errors — Only One Assignment Proper. — The only assignment of error permitted on appeal from a judgment of a juvenile court is that the decision of such court is contrary to law. p. 342.
2. INFANTS — Appeal From Judgment of Juvenile Court — Improper Assignments of Error — No Question Presented for Review. — On appeal from a judgment of a juvenile court, assignments of error that the trial court did not have jurisdiction of the person of appellant, that the court erred in overruling appellant's motion for new trial, and that the court did not have jurisdiction of the subject-matter of the action, presented no question for review. p. 342.
From the Hamilton Juvenile Court; Cassius M. Gentry, Judge.
Proceedings in the matter of the State of Indiana, on the relation of Lorain Wynn, a female child under the age of 18 years, wherein the Circuit Court of Hamilton County acting as a juvenile court ordered that such child be placed in the care and custody of the Indiana Girl's School at Clermont until she is 21 years of age. From the judgment entered, Lorain Wynn appealed.
Affirmed. By the court in banc.
S. Lloyd Garrison and Worth H. Castor, both of Noblesville, for appellant.
George N. Beamer, Attorney General, James K. Northam, First Assistant Attorney General, and Robert E. Agnew, Deputy Attorney General, for the State.
This is an appeal from a judgment of the Hamilton Circuit Court acting as the Juvenile Court of said County, pursuant to the Acts of the General Assembly of the State of Indiana, Acts 1941, ch. 233, p. 902, § 1, §§ 9-2829 — 9-2861, Burns' 1942 Replacement, in which the court found that the appellant had habitually so conducted herself as to injure and endanger the morals and health of herself; that she is now sixteen (16) years of age, and that it is to the best interest of said appellant that she be placed in the care and custody of the Indiana Girls' School at Clermont until she is twenty-one (21) years of age.
The assignment of errors in this court is as follows: (1) The trial court did not have jurisdiction of the person of the appellant; (2) the court erred in overruling appellant's motion for a new trial; (3) the trial court did not have jurisdiction of the subject-matter of the action.
This assignment of errors presents no question to this court. The only assignment of error permitted is "that the decision of the juvenile court is contrary to law . . ." § 9-2858, 1, 2. Burns' 1933 (Supp.); Alvey v. State (1936), 101 Ind. App. 391, 199 N.E. 432; Garrison v. State (1929), 88 Ind. App. 445, 164 N.E. 508; Cline v. State (1923), 80 Ind. App. 251, 135 N.E. 159; Heber et al. v. Drake et al. (1918), 68 Ind. App. 448, 118 N.E. 864; Parker v. State (1917), 63 Ind. App. 671, 113 N.E. 763; Eddy v. State (1913), 54 Ind. App. 93, 102 N.E. 277; Spade v. State (1909), 44 Ind. App. 529, 533, 89 N.E. 604.
No question being presented to this court, the judgment of the Hamilton Juvenile Court is affirmed.
NOTE. — Reported in 48 N.E.2d 63.