Dierker ex rel. Shoemake v. Hess
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. I. The earnings of a minor may be given to him, but there should be clearly shown to be a severance of the legal relation of parent and child. The emancipation must be complete and notorious — an advertisement to the world, that the child has become a man for himself, to act, possess, and control entirely and exclusively his own time, talents, and labor, and which must be continued, and not an occasional manifestation. (Reeves Dom.
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Appeal from St. Charles Circuit Court. I. The earnings of a minor may be given to him, but there should be clearly shown to be a severance of the legal relation of parent and child. The emancipation must be complete and notorious — an advertisement to the world, that the child has become a man for himself, to act, possess, and control entirely and exclusively his own time, talents, and labor, and which must be continued, and not an occasional manifestation. (Reeves Dom. Rel. [Parker & Bald. Ed.], 422; Godfrey vs. Hays, 6 Ala,, 501; Stovall vs. Johnson, 17 Ala., 14; Clinton vs. York, 26 Me.,…
1Opinion of the CourtSherwood, Judge
Action in the St. Charles Circuit Court on an indemnifying bond to the use of Cornelius Shoemake, brought by Dierker, to whom, as sheriff, the bond was executed by Hess, administrator of John Spencer’s estate, and plaintiff in an execution levied upon certain horses and hogs as the property of Enoch Shoemake, but claimed in due form of law by Cornelius Shoemake, the son, as his property. A sale under the execution took place, and this suit is to recover the damages arising from such sale.
When the cause came on for trial, a jury was impaneledj and evidence adduced to this effect, that the…
2Cases cited3 opinions
- Inhabitants of Somerset v. Inhabitants of DightonMassachusetts Supreme Judicial Court · 1815
- Morse v. WeltonSupreme Court of Connecticut · 1827
- Canovar v. CooperNew York Supreme Court · 1848
3Cited by24 opinions
- Gillikin v. BurbageSupreme Court of North Carolina · 1965
- Wood v. WoodSupreme Court of Connecticut · 1948
- Spurgeon v. Mission State BankCourt of Appeals for the Eighth Circuit · 1945
- Jackson v. Citizens Bank & Trust Co.Supreme Court of Florida · 1907
- Wurth Ex Rel. Gershenson v. WurthSupreme Court of Missouri · 1959
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