Sanders Ex Rel. Pratt v. Sanders

This action is brought by tbe two children named in tbe above decree, by tbeir next friend, against tbe same defendant, tbeir father, asking for a decree of maintenance. It is intended to present the question whether tbe father can be decreed to support tbe children. Tbe judge below sustained a demurrer upon tbe ground that there-was no cause of action.

There can be no controversy that tbe father is under a legal as well as a moral duty to support bis infant children (Walker v. Crowder, 37 N. C., 487), and, if be bas tbe ability to do so, whether they have property or not. Hagler v. McCombs,…