Clay v. Shirley
Supreme Court of New Hampshire
Assumpsit, for labor. The plaintiff lived with the defendant, and worked on his farm from June, 1866, when he was twelve years old, till November, 1870, when he left of his own accord. His father and mother are both living. Before 1866 his father abandoned his family, including the plaintiff, and since that time has made no provision for their support, exercised no control over them, interfered with them in no way, and they have heard' very little of him.
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Assumpsit, for labor. The plaintiff lived with the defendant, and worked on his farm from June, 1866, when he was twelve years old, till November, 1870, when he left of his own accord. His father and mother are both living. Before 1866 his father abandoned his family, including the plaintiff, and since that time has made no provision for their support, exercised no control over them, interfered with them in no way, and they have heard' very little of him. His mother was poor and unable to support him, and for a time he was supported by Hooksett as a pauper. The jury found specially the…
1Opinion of the CourtFoster, J.
If a father obliges his child to support himself, there-is no principle but that of slavery which entitles him to the child’s wages. Sch. Dom. Rel. 345; Nightingale v. Withington, 16 Mass. 274.
If the father deserts and abandons his family, exercises no control over them, interferes with them in no way, manifests no interest in their welfare, and does not communicate with them, the relation of master and servant is dissolved, and the principle of slavery no longer sustains the father’s right to his child’s wages. It is as if the father were dead, and the custody of the child and the right of…
2Cases cited7 opinions
- Foster v. President of the Essex BankMassachusetts Supreme Judicial Court · 1819
- Freto v. BrownMassachusetts Supreme Judicial Court · 1808
- Inhabitants of Dennysville v. Ihabitants of TrescottSupreme Judicial Court of Maine · 1849
- Chinn v. MitchellCourt of Appeals of Kentucky · 1859
- Inhabitants of Wells v. Inhabitants of KennebunkSupreme Judicial Court of Maine · 1824
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cox v. PinkhamSupreme Court of New Hampshire · 1921