March v. Walker

Gould, Associate Justice.

This suit was instituted by Zach. Walker, as guardian of Mary V. Phillips, and as next friend of William and John H. Phillips, minor children of Elijah L. Phillips, deceased, to recover of appellants March and Solomons damages, actual and punitory, for the alleged willful and malicious killing of their father, the said Elijah L., “ their only surviving parent and protector, their mother having long since departed this life.” In an amended petition, it is alleged that the killing was “ by willful act.”

*374The pleadings on the part of the defense consisted of a general…