Butts v. City of Moultrie

Beoyx.es, O. J.

1. Under the section of the code which provides that a mother may recover for the homicide of a child, minor’ or sui juris, upon whom she is dependent and who contributes to her support, unless such child leave a wife, husband, or child (Civil Code of 1910, § 4424), a mother has no right to sue for the homicide of -her son where he leaves a wife or child, and, where she does so sue, her petition must affirmatively allege that her son left no wife or child, or it is subject to be dismissed on general demurrer.(a) The allegations in the petition, that her son was eighteen years…