Stowers v. Hollis
Court of Appeals of Kentucky
Case 76 — PETITION EQUITY — APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The common law does not impose upon a man an obligation to support his bastard, child. That obligation depends entirely upon the statute, and to fix the' liability arising from this obligation, the statutory requirements must be strictly complied with. The promise of the father must be expressly alleged and proved; also the time at which it is to be fulfilled.
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Case 76 — PETITION EQUITY — APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The common law does not impose upon a man an obligation to support his bastard, child. That obligation depends entirely upon the statute, and to fix the' liability arising from this obligation, the statutory requirements must be strictly complied with. The promise of the father must be expressly alleged and proved; also the time at which it is to be fulfilled. The father’s liability is not fixed until established by the verdict of a jury. (Bull v. McCrea, , 8 B. Mon., 424; Civ. Code, section 181; Gossam v. Badgett, 6 Bush,…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
In this equitable action to 'settle the estate of David Stowers, deceased, the infant appellee, Mary B. Hollis, by her guardian, and as the illegitimate child of the decedent, asserts a claim to a support until she may be able to support herself, or until her death, in case it occurs before the end of that period. She bases her right to it upon an alleged contract for her benefit made soon after her birth, which occurred on April 12, 1879, between the deceased and her mother, by which the alleged father agreed, in consideration that no steps under…
2Cases cited4 opinions
- Ellicott v. TurnerCourt of Appeals of Maryland · 1853
- State v. JohnsonSupreme Court of Vermont · 1856
- Howard's Administrator v. BurgenCourt of Appeals of Kentucky · 1836
- Chandler v. CommonwealthCourt of Appeals of Kentucky · 1862
3Cited by25 opinions
- Doty's Adm'r v. Doty's GuardianCourt of Appeals of Kentucky · 1904
- Horner v. MaxwellSupreme Court of Iowa · 1915
- East Tennessee Telephone Co. v. Paris Electric Co.Court of Appeals of Kentucky · 1914
- Grissom v. BeidlemanSupreme Court of Oklahoma · 1912
- Nickell v. JohnsonCourt of Appeals of Kentucky · 1915
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