Legal Opinion

Switzer v. Kee

Illinois Supreme Court

Decided October 27, 1893PublishedCited by 23 opinions

Writ of Error to the Appellate Court for the Third District ;—heard in that court on appeal from the Circuit Court of McDonough county; the Hon. Charles J. Scofield, Judge, presiding.

1Opinion of the Court

Mr, Justice Shoee

delivered the opinion of the Court;

The principal ground insisted upon for reversal in this court is, that the circuit court erred in refusing defendant’s eleventh instruction, which was as follows:

“Where a child lives with a parent, or a parent with the child, the relationship between the parties is so intimate that the law does not imply a contract to pay money for support or services. Unless it be shown that there is an express contract to pay for such support and services, a recovery therefor can not be had by one of the parties against the other. In the absence of an…

2Cases cited2 opinions

  1. Harris v. McIntyreIllinois Supreme Court · 1886
  2. Brush v. BlanchardIllinois Supreme Court · 1856

3Cited by23 opinions

  1. Heffron v. BrownIllinois Supreme Court · 1895
  2. Coley v. . DalrympleSupreme Court of North Carolina · 1945
  3. Estate of Jesmer v. RohlevAppellate Court of Illinois · 1993
  4. Brown v. BrownDistrict of Columbia Court of Appeals · 1987
  5. Wilhelm v. Industrial CommissionIllinois Supreme Court · 1948

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