Legal Opinion

Harris v. Harris

Supreme Court of Kansas

Decided May 15, 1869PublishedCited by 20 opinions

Error from Leavenworth County. The facts of the case sufficiently appear in the opinion of the court. 1. A father is not liable to third persons who furnish necessaries to his minor children. 17 Verm., 848; 1 Blackst. Com., 448; 4 East, 76; Bishop on Mar. and Liv., § 632; 3 Seam., 179; Chitty on Cord., 140; 10 Barb., 483; 13 Barb., 502; 9 Casey, 50; 1 Smith’s L. C., 227; 20 Eng.

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Error from Leavenworth County. The facts of the case sufficiently appear in the opinion of the court. 1. A father is not liable to third persons who furnish necessaries to his minor children. 17 Verm., 848; 1 Blackst. Com., 448; 4 East, 76; Bishop on Mar. and Liv., § 632; 3 Seam., 179; Chitty on Cord., 140; 10 Barb., 483; 13 Barb., 502; 9 Casey, 50; 1 Smith’s L. C., 227; 20 Eng. L. 2. At any rate a divorced wife can maintain no action at law against him for the maintenance of their joint offspring. 22 Conn., 411; 13 Johns., 192; 29 Barb. 124 ; 6 Abbott’s Dig., 420, § 6; 10 Gush., 41; Bishop…

1Opinion of the Court

*49 By the Court,

Kinsman, C. J.

The petition in this case -alleges that the defendant below (plaintiff in error) is the .father of these minor chilmiren, Eva, Kosalie and Jeanette; that he had neglected and'refused'to support thenv'foA .(three years before the . commencement of the action f^thaf'the plaintiff had supported them, and that the . maintenance, was worth a . certain sum for which she claimed judgment. The facts as shown in the testimony are*briefly these: On January 2, 1861, Lotta Harris, the .plaintiff below, obtained a decree of divorce from her husband. That decree gave her “ the…

2Cases cited3 opinions

  1. Gordon v. PotterSupreme Court of Vermont · 1845
  2. Chilcott v. TrimbleNew York Supreme Court · 1852
  3. Raymond v. LoylNew York Supreme Court · 1851

3Cited by20 opinions

  1. Loverin v. McLaughlinIllinois Supreme Court · 1896
  2. McKay v. McKayCalifornia Supreme Court · 1899
  3. Allison v. AllisonSupreme Court of Kansas · 1961
  4. Laumeier v. LaumeierSupreme Court of Missouri · 1925
  5. Riggs v. RiggsSupreme Court of Kansas · 1914

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