Call v. Ward
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Westmoreland county. Daniel Call against Henry Ward, guardian of Robert Shepler and Lucinda Shepler. This was an action on the case in which the plaintiff declared in indebitatus assumpsit, and the defendant pleaded non assumpsit. Jacob Shepler died in 1832 seised of a farm; he left a widow and two children, Robert and Lucinda, both minors under the age of 14 years, of whom the defendant, Henry Ward, was guardian.
Read the full summary
ERROR to the Common Pleas of Westmoreland county. Daniel Call against Henry Ward, guardian of Robert Shepler and Lucinda Shepler. This was an action on the case in which the plaintiff declared in indebitatus assumpsit, and the defendant pleaded non assumpsit. Jacob Shepler died in 1832 seised of a farm; he left a widow and two children, Robert and Lucinda, both minors under the age of 14 years, of whom the defendant, Henry Ward, was guardian. The children remained with their mother and were supported by her until she married Daniel Call, the plaintiff) five years ago, who kept and maintained…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
— This was an action oí indebitatus assumpsit e.ga.mst the defendant for the support and maintenance. of his wards. It must be premised that it is an action against the guardian personally, for the words guardian, &c., are matters of description.
A guardian is considered as standing in loco parentis, and of course the relation, powers and duties of guardian and ward, in a great measure, correspond to those of parent and child. But there is this prominent distinction. The father is entitled to the service of the child, and is bound to support…
2Cited by7 opinions
- Colucci's EstateSuperior Court of Pennsylvania · 1924
- Baird v. SteadmanSupreme Court of Florida · 1897
- Colucci Minors' EstatesPennsylvania Orphans' Court, Philadelphia County · 1923
- Commonwealth v. County National BankPennsylvania Orphans' Court, Clearfield County · 1952
- Creagh v. TunstallSupreme Court of Alabama · 1893
2 more not listed; retrieve them via the Exa API.