Rawlings v. Rawlings
Mississippi Supreme Court
Appeal from the chancery court of Adams county. Hon. R. W. Cutrer, Chancellor. Bill by Earl Rawlings and others by next friend against Thomas Rawlings. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. I submit with confidence the lower court should have sustained the demurrer, even if the hill of complaint can be treated as if it had charged defendant was able to support complainant’s and had wrongfully refused to do so.
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Appeal from the chancery court of Adams county. Hon. R. W. Cutrer, Chancellor. Bill by Earl Rawlings and others by next friend against Thomas Rawlings. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. I submit with confidence the lower court should have sustained the demurrer, even if the hill of complaint can be treated as if it had charged defendant was able to support complainant’s and had wrongfully refused to do so. In short a child cannot successfully maintain in Mississippi a suit in any court against his father for a support. As…
1DissentEthridge, J.
After profound consideration of the question presented by this record, I find myself unable to agree with my Brethren. In my opinion their exegesis is erroneous, and fruitful of evil consequences to the helpless and unfortunate children of this state who have cruel, shiftless, heartless parents. The courts, and especially courts of equity should be diligent to discover and swift to remedy the wrongs of helpless children.- It is the function of government to protect the weak and helpless from the wrongs of the strong, the cunning, and the vicious; and the fact that the strong, cunning, and…
2Cases cited35 opinions
- Hewlett v. GeorgeMississippi Supreme Court · 1891
- De Brauwere v. . De BrauwereNew York Court of Appeals · 1911
- Levinson v. BoasCalifornia Supreme Court · 1907
- Glover v. GloverSupreme Court of Alabama · 1849
- In re ScarrittSupreme Court of Missouri · 1882
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