Burk v. Phips
Supreme Court of Connecticut
AotjoN of tbe case; declaring that on or about tbe 1st of March last past, her son Edward Burk, a minor about sixteen years of age, being on board of tbe defendant’s vessel at Charleston, in South Carolina, as a seaman, for a voyage of three months at customary wages; tbe defendant sold and executed a bill of sale or indenture of said Edward, to one Thomas Thomas for a term of years, and compelled bim to enter on. board said Thomas’s vessel, bound to foreign parts, contrary…
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AotjoN of tbe case; declaring that on or about tbe 1st of March last past, her son Edward Burk, a minor about sixteen years of age, being on board of tbe defendant’s vessel at Charleston, in South Carolina, as a seaman, for a voyage of three months at customary wages; tbe defendant sold and executed a bill of sale or indenture of said Edward, to one Thomas Thomas for a term of years, and compelled bim to enter on. board said Thomas’s vessel, bound to foreign parts, contrary to tbe mind and will of tbe plaintiff, or of said Edward; whereby she is deprived of the person, service, and company of…
1Opinion of the Court
Motion in arrest adjudged sufficient — 1st. Therei is no averment in tbe declaration that tbe plaintiff is a feme sole, or but that said Edward’s father is living. 2d. It doth not appear that she was guardian or any way entitled to tbe services of said boy; that as mother she is not, which differs the case from that of a father’s commencing tbe action, for be is tbe natural guardian of bis minor children, and entitled to their services.
2Cited by5 opinions
- Kline v. BeebeSupreme Court of Connecticut · 1827
- Matthewson v. PerrySupreme Court of Connecticut · 1870
- Cross v. BarberSupreme Court of Rhode Island · 1888
- Selden's Appeal from ProbateSupreme Court of Connecticut · 1863
- Ballard v. St. Albans Advertiser Co.Supreme Court of Vermont · 1880