Franklin v. Butcher
Missouri Court of Appeals
Appeal from Webster Circuit Court. — Eon. O. E. Skinker, Judge. (1) The statement states no cause of action against defendant. I Chitty on PI. (14 Am. Ed.), 388. (2) Plaintiff is not entitled to recover as the mother of Woodfin Tice. She was not at the time at the head of the family, and was not liable for the support of Tice and was not entitled to his wages. Plaintiff’s husband, Mr. Franklin, assumed the relation of father to Tice. Eickhoff v. Railroad, 106 Mo.
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Appeal from Webster Circuit Court. — Eon. O. E. Skinker, Judge. (1) The statement states no cause of action against defendant. I Chitty on PI. (14 Am. Ed.), 388. (2) Plaintiff is not entitled to recover as the mother of Woodfin Tice. She was not at the time at the head of the family, and was not liable for the support of Tice and was not entitled to his wages. Plaintiff’s husband, Mr. Franklin, assumed the relation of father to Tice. Eickhoff v. Railroad, 106 Mo. App. 541; Academy v. Bobb, 52 Mo. 357. (3) Plaintiff is not entitled to recover for her services rendered Tice during his illness.…
1Opinion of the CourtCox, J.
This action originated in a justice of the peace court in Greene county, and was tried upon the following amended statement:
“Comes now the plaintiff and states that she is the mother of Woodfin Anderson Tice, a minor under the age of 21 years, and that the^ father of said son, (the former husband of the plaintiff) died on the-day of -, 1906, and that on the 5th day of October, 1908, she married E. G. Franklin. Plaintiff states that at all times mentioned in this petition, plaintiff supported and was liable for the support and maintenance of her son, and received and was entitled to receive…
2Cases cited5 opinions
- Minor v. SharonMassachusetts Supreme Judicial Court · 1873
- Hennessy v. Bavarian Brewing Co.Supreme Court of Missouri · 1898
- Smith v. BakerU.S. Circuit Court for the District of Southern New York · 1884
- Scamell v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Hennesey v. Bavarian Brewing Co.Missouri Court of Appeals · 1895
3Cited by11 opinions
- Berner v. CaldwellSupreme Court of Alabama · 1989
- Meany v. MeanySupreme Court of Louisiana · 1994
- Duke v. HousenWyoming Supreme Court · 1979
- Mennemeyer v. HartSupreme Court of Missouri · 1949
- EARLE EX REL. EARLE v. KukloNew Jersey Superior Court Appellate Division · 1953
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