Smith v. Gilbert
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; James S. Steel, Judge; 1. The testimony of both the boy and the father is clearly against the contention that the latter “drove” the former from his home. 2. An offer by the father to the minor son of land upon which to make a share crop can not be construed as an act of emancipation, especially when made with a view to retain the services of the son. 1 la. 358; 7 L. R. A. 176. Allowing the minor son to have and control his own wages is not…
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Appeal from Sevier Circuit Court; James S. Steel, Judge; 1. The testimony of both the boy and the father is clearly against the contention that the latter “drove” the former from his home. 2. An offer by the father to the minor son of land upon which to make a share crop can not be construed as an act of emancipation, especially when made with a view to retain the services of the son. 1 la. 358; 7 L. R. A. 176. Allowing the minor son to have and control his own wages is not complete emancipation, nor the fact that the father permits him to leave home, ‘take work and support himself from his…
1Opinion of the CourtMcCulloch, J.
This is an action brought by appellant, C. N. Smith, to recover from appellee, Dan Gilbert, the value of the services of his (appellant’s) son, who was a minor, and also damages sustained on account of appellee having enticed the boy away from his parent. It is alleged in the complaint that the defendant wrongfully enticed the minor son of the plaintiff away from home and employed him for a period of six months without the plaintiff’s consent and over his written objection.
It is undisputed that the defendant hired plaintiff’s son, without the consent of the parent, and retained the son in his…
2Cited by6 opinions
- McCall v. McCallSupreme Court of Arkansas · 1943
- Bates v. BatesNew York City Family Court · 1970
- Murphy v. MurphyNew York Supreme Court · 1954
- Biggs v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Thompson v. GloverCourt of Appeals for the Eighth Circuit · 1938
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