Hall v. Green
Supreme Judicial Court of Maine
On report. This was an action of assumpsit for the support of a minor child of the defendant after he had been divorced on the libel of the mother, who afterwards married the plaintiff. The facts are sufficiently stated in the opinion. Counsel argued : The divorce and the decree giving the custody of the child to the mother did not absolve the father from liability to support his child.
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On report. This was an action of assumpsit for the support of a minor child of the defendant after he had been divorced on the libel of the mother, who afterwards married the plaintiff. The facts are sufficiently stated in the opinion. Counsel argued : The divorce and the decree giving the custody of the child to the mother did not absolve the father from liability to support his child. The defendant ought not to be permitted to take advantage of his own wrong, — his misconduct toward the wife and child, — to avoid his liability, &c. Counsel cited : Miller v. Miller, 64 Maine, 484; Gilley v.…
1Opinion of the CourtPeters, C. J.
The plaintiff is the husband of a former wife of the defendant, and has been supporting in his family a daughter of his wife by her former husband (the defendant), the wife having obtained a divorce from the latter for his fault. By the decree of divorce the custody of such minor child was committed to the mother. The plaintiff now claims to recover in this action for the child’s support for a period from 1884 to 1893 the sum of nearly thirteen hundred dollars. No express agreement is pretended and only such an implied agreement as can legally result from the relations of the parties.
We are…
2Cases cited1 opinion
- Brow v. BrightmanMassachusetts Supreme Judicial Court · 1883
3Cited by14 opinions
- Wood v. WoodSupreme Judicial Court of Maine · 1979
- McKay v. McKayCalifornia Supreme Court · 1899
- Spencer v. SpencerSupreme Court of Minnesota · 1906
- Hector v. HectorWashington Supreme Court · 1909
- Parks v. ParksCourt of Appeals of Kentucky (pre-1976) · 1925
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