Legal Opinion

Manthey v. Schueler

Supreme Court of Minnesota

Decided June 12, 1914No. Nos. 18,647—(171)PublishedCited by 18 opinions

Action in the district court for Sibley county to recover $120, defendant’s share of the cost of the necessaries provided by plaintiff for the destitute infant grandchildren of plaintiff and defendant. Defendant’s demurrer to the complaint was overruled, Morrison, J. Defendant answered and the case was tried before the same judge, and a jury which returned a verdict in favor of plaintiff for $100. From the judgment entered pursuant to the verdict, defendant appealed.

1Opinion of the Court

Dibell, C.

The plaintiff is the maternal grandfather and the defendant is the paternal grandfather of four children ranging in ages from 16 months to six and one-half years. The father of the children deserted his wife, the mother is unable to support them, and they are dependent.

It is provided by statute that any poor person, unable to earn a. livelihood, shall be supported by his children, parents, brothers, sisters, grandchildren or grandparents; and such relatives having-sufficient ability shall be called on for such support in the order-stated. If the relative charged with the support of…

2Cases cited2 opinions

  1. Multnomah County v. FalingOregon Supreme Court · 1907
  2. Johnson County v. StrattonSupreme Court of Iowa · 1900

3Cited by18 opinions

  1. Mallatt v. LUIHNOregon Supreme Court · 1956
  2. Asylum of St. Vincent De Paul v. McGuireNew York Court of Appeals · 1925
  3. Lex v. Selway Steel CorporationSupreme Court of Iowa · 1925
  4. Merrimac Mining Co. v. GrossSupreme Court of Minnesota · 1943
  5. Bismarck Hospital v. HarrisNorth Dakota Supreme Court · 1938

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