Fortinberry v. Holmes
Mississippi Supreme Court
From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Rosa Fortinberry, a minor, suing by her next friend, was plaintiff, and Marshall Holmes was defendant, in the court below. The action was for damages resulting from alleged cruelty to plaintiff, a child, left by her mother with appellee to be supported, educated, eared for, and “treated as his own child.”
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From the circuit court of Pike county. Hon. Moyse H. Wilkinson, Judge. Rosa Fortinberry, a minor, suing by her next friend, was plaintiff, and Marshall Holmes was defendant, in the court below. The action was for damages resulting from alleged cruelty to plaintiff, a child, left by her mother with appellee to be supported, educated, eared for, and “treated as his own child.” On one occasion appellee chastised appellant for some misconduct, and appellant instituted therefor this civil action for damages. On the trial below the mother testified that she expressly stated to appellee, when she…
1Opinion of the CourtCalhoon, J.
It is conceded, and. is plainly the law, that, if Holmes stood in loco parentis, there could be no civil action by the child. It is also conceded, as is clear from this record, that he was in that relation, unless it was changed by the testimony of the mother, contradicted by several witnesses, that, when she gave the child, she said she was not to be whipped. This does not alter the relation or change the status of the child, who was to be taken and treated as one of the children of the family.
Affirmed.
2Cited by11 opinions
- McNeal v. Administrator of Estate of McNealMississippi Supreme Court · 1971
- Favre v. MEDDERSMississippi Supreme Court · 1961
- DURHAM, a MINOR, ETC. v. DurhamMississippi Supreme Court · 1956
- Kelly v. KellySupreme Court of South Carolina · 1930
- Britt v. AllredMississippi Supreme Court · 1946
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