Bowen Ex Rel. Bowen v. Mewborn

BARNHILL and WINBORNE, JJ., join in concurring opinion. This is an action brought by plaintiff against defendants to recover $20,000 against defendants for "willful, malicious, wrongful, lustful attack and assault upon her."

The material parts of the complaint, for the decision of this case, alleges:

"6. That on the night of the ...... day of May, 1939, the defendant, Marvin Mewborn, then being under the age of sixteen years, came to the home occupied by plaintiff and procured plaintiff to accompany him on a pleasure trip to Greenville in an automobile owned by the defendant, George Mewborn,…