Davis v. Herrington
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Co.urt. John A. Williams, Judge. Hester Herrington presented to defendant, the administrator of the estate of R. G. Davis, deceased, a claim for taking care of Willie Davis, a minor child, by contract, for the period of five years at $3.00 per month, amounting to $180.00, and for interest thereon at six per cent, amounting to $32.58. After disallowance by the administrator, the claim was allowed by the probate court and the defendant appealed to…
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APPEAL from Jefferson Circuit Co.urt. John A. Williams, Judge. Hester Herrington presented to defendant, the administrator of the estate of R. G. Davis, deceased, a claim for taking care of Willie Davis, a minor child, by contract, for the period of five years at $3.00 per month, amounting to $180.00, and for interest thereon at six per cent, amounting to $32.58. After disallowance by the administrator, the claim was allowed by the probate court and the defendant appealed to the circuit court. It was proved that the child was the illegitimate off-spring of plaintiff and the deceased; that he…
1Per curiam
1. Bastard child — Father’s port^ConsidMa’S10n' By the common law, the mother, and not the putative father, of an illegitimate child is bound to maintain it. The father’s promise to the mother to pay her for the. maintenance is a promise to pay her for doing what she is already legally bound to do, and is not enforceable because not supported by a consideration. One is not legally bound by a promise to fulfill a moral obligation where no legal obligation or liability for the thing promised ever existed. But the statute in this State confers upon the mother of a bastard child the right to…
2Cases cited1 opinion
- Hargroves v. FreemanSupreme Court of Georgia · 1852
3Cited by15 opinions
- Winston v. RobinsonSupreme Court of Arkansas · 1980
- Medical Liability Mutual Insurance v. Alan Curtis LLCCourt of Appeals for the Eighth Circuit · 2008
- State v. SaxSupreme Court of Minnesota · 1950
- Boynton v. SalingerSupreme Court of Iowa · 1910
- Fiege v. BoehmCourt of Appeals of Maryland · 1956
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