Porter v. Powell
Supreme Court of Iowa
Appeal from Dallas District Court. — Hon. O'. B. Aykes, Judge. ' The district court certifies to this court the following question, upon which it is desirable to have the opinion of the supreme court: “ Is a father legally liable to a physician for the latter’s services in professionally treating the minor daughter of said father, dangerously attacked with typhoid fever, who, at the date of said treatment, was seventeen years of age, and was then, and had been, residing away…
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Appeal from Dallas District Court. — Hon. O'. B. Aykes, Judge. ' The district court certifies to this court the following question, upon which it is desirable to have the opinion of the supreme court: “ Is a father legally liable to a physician for the latter’s services in professionally treating the minor daughter of said father, dangerously attacked with typhoid fever, who, at the date of said treatment, was seventeen years of age, and was then, and had been, residing away from her father’s house for three years prior to the rendition of said services, earning and controlling her own wages,…
1Opinion of the CourtGtIven, J.
i domustio duty’of 5par-oMid°-Sim?olt to tM?d°mise party. I. Appellant’s contention is that the obligation of parents to support their minor children is only a moral one, and is not enforceable in the absence of statute or promise; that such Pron'iise is not to be implied from mere moral obligation, nor from the statute providing for the reimbursement of the public; and that an omission of duty, from which a jury may find a promise by implication of law, must be a legal duty, capable of enforcement by process of law. At first glance, this view of the law seems opposed to our natural sense of…
2Cases cited4 opinions
- Van Valkinburgh v. WatsonNew York Supreme Court · 1816
- Johnson v. BarnesSupreme Court of Iowa · 1886
- Gordon v. PotterSupreme Court of Vermont · 1845
- M'Coy v. HuffmanCourt for the Trial of Impeachments and Correction of Errors · 1827
3Cited by35 opinions
- Clevenger v. ClevengerCalifornia Court of Appeal · 1961
- Hopkinson v. Knapp & Spalding Co.Supreme Court of Iowa · 1894
- Addy v. AddySupreme Court of Iowa · 1949
- Spurgeon v. Mission State BankCourt of Appeals for the Eighth Circuit · 1945
- Barrett v. BarrettArizona Supreme Court · 1934
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