Glynn v. Glynn
Supreme Judicial Court of Maine
Agreed Statement oe Facts. This was an action of assumpsit brought in Portland Municipal Court for the sum of forty-two dollars, on an account annexed in the writ for board, care and clothing of Mary E. Glynn the minor child of plaintiff and defendant from December 21, 1898, to June 1,1899; writ dated June 10,1899. The general issue was pleaded, and on July 25, 1899, judgment was rendered for plaintiff for the amount sued for.
Read the full summary
Agreed Statement oe Facts. This was an action of assumpsit brought in Portland Municipal Court for the sum of forty-two dollars, on an account annexed in the writ for board, care and clothing of Mary E. Glynn the minor child of plaintiff and defendant from December 21, 1898, to June 1,1899; writ dated June 10,1899. The general issue was pleaded, and on July 25, 1899, judgment was rendered for plaintiff for the amount sued for. The defendant appealed to the Superior Court, where the parties agreed to the following facts, which were reported by the presiding justice to this court. “ It is…
1Opinion of the CourtPowers, J.
In 1898 the defendant obtained a divorce from the plaintiff for desertion. At the time the plaintiff deserted her husband, she willingly took with her their minor child, who has since remained with her. This is an action of assumpsit to recover for the board, care and clothing of the child since the divorce. No decree has ever been made in the divorce proceedings in regard to the care, custody and support of the child.
Irrespective of any statutory provision the father is bound by law to support his minor child. Gilley v. Gilley, 79 Maine, 292. This however is a limited obligation; it does not…
2Cases cited2 opinions
- Baldwin v. FosterMassachusetts Supreme Judicial Court · 1885
- Foss v. HartwellMassachusetts Supreme Judicial Court · 1897
3Cited by4 opinions
- Alvey v. HartwigCourt of Appeals of Maryland · 1907
- Assman v. AssmanMissouri Court of Appeals · 1915
- Gully v. GullyCourt of Appeals of Texas · 1916
- Territory v. QuiniHawaii Supreme Court · 1916