Matter of Petition of Kelly

This proceeding, as its title readily indicates, was instituted by the above-named petitioners, in the superior court of Tuolumne County, for the purpose of securing the judgment of said court that one Mary Louise Donahoo, a minor, is an abandoned child within the purview of section 224 of the Civil Code, the ultimate object of the judicial declaration so sought herein being to enable said petitioners to adopt said minor.

The petition alleges facts sufficient to state a case of abandonment under the section of the Civil Code above mentioned and the same was answered and contested by the parents of the minor.

At the hearing of the proceeding, evidence for and against the claims of the petition was taken, the court found that said child had been abandoned by its parents within the contemplation of said section 224 of the Civil Code, and rendered and caused to be entered judgment in accord with said finding.

This appeal is prosecuted by the parents of said minor from said judgment.

The single question submitted on this appeal is whether the said minor is an' abandoned child within the meaning and intent of the code section above referred to.

Among other provisions, said section…