Rawlings v. Rawlings
Mississippi Supreme Court
Appeal from the chancery court of Adams county. Hon. R. W. Cutrer, Chancellor. Bill by Earl Rawlings and others by next friend against Thomas Rawlings. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. I submit with confidence the lower court should have sustained the demurrer, even if the hill of complaint can be treated as if it had charged defendant was able to support complainant’s and had wrongfully refused to do so.
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Appeal from the chancery court of Adams county. Hon. R. W. Cutrer, Chancellor. Bill by Earl Rawlings and others by next friend against Thomas Rawlings. From a decree for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. I submit with confidence the lower court should have sustained the demurrer, even if the hill of complaint can be treated as if it had charged defendant was able to support complainant’s and had wrongfully refused to do so. In short a child cannot successfully maintain in Mississippi a suit in any court against his father for a support. As…
1Opinion of the CourtStevens, J.
The six minor children of Thomas Rawlings, appellant, exhibited, by next friend, their bill of complaint against their father, alleging that the defendant had not lived with them or their mother for a number of years; that their father had not for a long period contributed anything to their support; that the mother was not able to care for them and that they were without means of support; that the defendant was the owner of a certain plantation, and that this plantation “is liable to them for a support.” The prayer of the bill is that upon final hearing “the court will ascertain what amount…
2Cases cited4 opinions
- Hewlett v. GeorgeMississippi Supreme Court · 1891
- McKelvey v. McKelveyTennessee Supreme Court · 1903
- Finch v. FinchSupreme Court of Connecticut · 1852
- Huke v. HukeMissouri Court of Appeals · 1891
3Cited by20 opinions
- Cunningham v. CunninghamTexas Supreme Court · 1931
- Buchanan v. BuchananSupreme Court of Virginia · 1938
- Addy v. AddySupreme Court of Iowa · 1949
- Belleson v. SkilbeckSupreme Court of Minnesota · 1932
- DURHAM, a MINOR, ETC. v. DurhamMississippi Supreme Court · 1956
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