Epperson v. Nugent
Mississippi Supreme Court
Appeal from the Chancery Court of Yazoo County. Hon. E. G. Peyton, Chancellor. The appellant demurred unsuccessfully to the petition of the appellee, filed in the court in which the former was appointed guardian, to subject the ward’s estate to liability for counsel fees earned by the latter by the recovery thereof for the infant, before the appointment of a guardian.
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Appeal from the Chancery Court of Yazoo County. Hon. E. G. Peyton, Chancellor. The appellant demurred unsuccessfully to the petition of the appellee, filed in the court in which the former was appointed guardian, to subject the ward’s estate to liability for counsel fees earned by the latter by the recovery thereof for the infant, before the appointment of a guardian. The infant could not of course contract for the services of a lawyer, and having no guardian no express cóntract was made with the appellee. His appearance in the Supreme Court with other counsel, Vaughan v. Bunch, 53 Miss. 513,…
1Opinion of the CourtCampbell, J.
The liability of an infant for necessaries is based on the necessity of his situation. As he must live, the law allows to any one supplying his wants a reasonable compensation. The law implies the promise to pay from the necessity of his situation. What are “ necessaries ” cannot be determined by any arbitrary and inflexible rule. It depends on circumstances, and each case must be governed by its own. It is stated in the books that the wants supplied must be personal to the infant, either for the body or the mind, in order to come within the description of necessaries, and that counsel fees…
2Cited by13 opinions
- Methodist Hospitals of Memphis v. Guardianship of MarshMississippi Supreme Court · 1988
- Trainer v. TrumbullMassachusetts Supreme Judicial Court · 1886
- Lothrop v. DuffieldMichigan Supreme Court · 1903
- Grissom v. BeidlemanSupreme Court of Oklahoma · 1912
- Johnson v. NewberryTexas Supreme Court · 1924
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