Biggs v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Greene Circuit Court; Frank Smith, Judge; ■ 1. A minor may lawfully receive and enjoy his own wages if his parent sees fit to permit him to make his own contracts, and to appropriate the wages to his own use. Whether or not the parent has manumitted the child may be shown by facts and circumstances from which arises the necessary inference. Rodgers on Dom.
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Appeal from Greene Circuit Court; Frank Smith, Judge; ■ 1. A minor may lawfully receive and enjoy his own wages if his parent sees fit to permit him to make his own contracts, and to appropriate the wages to his own use. Whether or not the parent has manumitted the child may be shown by facts and circumstances from which arises the necessary inference. Rodgers on Dom. Rel., § 485; 53 Ark. 499; 33 Ark. 435; 21 Ark. 387. That Sallie Biggs instituted this suit as next friend is of itself a waiver on her part of her right to her son’s wages. 66 Ark. 409. 2. A guardian or next friend has no…
1Opinion of the CourtFrauSnthau, J.
The plaintiff, Sammy Biggs, by his next friend, Sallie Biggs, instituted this suit against the defendant, the St. Louis, Iron Mountain & Southern Railway Company, before a justice of the peace, for the recovery of his wages as an employee of said railroad company and for penalty for the nonpayment thereof. On November 6, 1907, a judgment was rendered by the justice of the peace in favor of the plaintiff for the sum of $10.8.25. From this judgment an appeal was taken by the defendant to the circuit court. Upon a trial before a jury in the circuit court the evidence tended to establish the…
2Cases cited13 opinions
- Rankin v. SchofieldSupreme Court of Arkansas · 1902
- Dierker ex rel. Shoemake v. HessSupreme Court of Missouri · 1873
- Wood v. ClaiborneSupreme Court of Arkansas · 1907
- Bobo v. BrysonSupreme Court of Arkansas · 1860
- Tennessee Manufacturing Co. v. JamesTennessee Supreme Court · 1892
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3Cited by9 opinions
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- Missouri Pacific Railroad v. AultSupreme Court of Arkansas · 1919
- Bonner v. SurmanSupreme Court of Arkansas · 1949
- Story & Clark Piano Co. v. DavyIndiana Court of Appeals · 1918
- Frauenthal & Schwarz v. Bank of El PasoSupreme Court of Arkansas · 1926
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