Soper v. Igo, Walker & Co.
Court of Appeals of Kentucky
Case 70. — ACTION BY NANNIE SOPER AGAINST IGO, WALKER & CO. POR ENTICING HER INFANT BOY FROM HER HOME. Appeal from Madison Circuit Court. J. M. Benton, Circiut Judge. From a judgment snstaining a demurrer to the petition, plaintiff appeals. (No brief in record for appellee.) 1. It is contended by defendants that the gravamen of the caséis the loss of the services of the child, which is broken by this quasi abduction.
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Case 70. — ACTION BY NANNIE SOPER AGAINST IGO, WALKER & CO. POR ENTICING HER INFANT BOY FROM HER HOME. Appeal from Madison Circuit Court. J. M. Benton, Circiut Judge. From a judgment snstaining a demurrer to the petition, plaintiff appeals. (No brief in record for appellee.) 1. It is contended by defendants that the gravamen of the caséis the loss of the services of the child, which is broken by this quasi abduction. It is then contended that inasmuch as the father has the absolute legal control of the child, that he alone can sue-for its abduction. 2. The gravamen of the’ case is more than…
1Opinion of the Court
Opinion by
Judge Nunn
Affirming.
This is an appeal from a judgment of the lower court sustaining a demurrer to the petition of appellant. The petition is as follows: “The plaintiff says that she is a married woman, and her husband, Chas. Soper, is now living with her; and they were married in the year 1880. By this marriage they have several children, one of whom is named Thomas Daniel Soper, hereinafter called ‘Dan.’ On the 2d day of June, 1903, this infant boy, then aged about eighteen years, was induced, persuaded, enticed, helped, aided and assisted by certain designing persons to leave the…
2Cases cited1 opinion
- Jones v.TevisCourt of Appeals of Kentucky · 1823
3Cited by9 opinions
- Montgomery v. CrumIndiana Supreme Court · 1928
- Pickle v. PageNew York Court of Appeals · 1930
- Pyle v. A. WaechterSupreme Court of Iowa · 1926
- Armstrong v. McDonaldAlabama Court of Appeals · 1958
- Washburn v. AbramsCourt of Appeals of Kentucky · 1906
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