Smith v. Smith

This is an action of assumpsit to recover compensation for the services of the plaintiff’s minor son. In the superior court the case was referred to an auditor, and the questions of law arising upon the facts found and reported by the auditor are reserved for our advice.

There was between the plaintiff and his son no express agreement amounting to an emancipation of the son, or to a sale or gift to him of his father’s right to his time or services. Prima facie, therefore, the plaintiff was entitled to the services of the son and to all the wages earned by the son during his minority. -But in…