Matter of Ross
Opinion
Lead Opinion
Hall, J.
In October, 1904, the superior court in and for the county of Fresno, after due proceedings, taken in accordance with the provisions of the Code of Civil Procedure for the appointment of guardians of minors, appointed Charles Hudson the guardian of the person of Emma Ross, a female child, then of the age of six years, the ground for such appointment being, as appears from the finding of the court made upon the hearing of the petition therefor, that the father of said minor, Orrin W. Ross, had abandoned said minor to said Charles Hudson, who is the grandfather of said minor. The mother of said minor was at that time incompetent, and confined in a state asylum for the insane.
Hudson qualified as such guardian, and ever since has had the care and custody of such minor.
In his petition to be appointed such guardian of the person of said minor said Hudson alleged that the father of said minor was able to pay for the support of said minor, and prayed that he be required to pay therefor. The court, however, made no provision for the support of the minor by its father, and made no mention thereof in its order appointing the guardian.