Ellington v. Ellington
Mississippi Supreme Court
Error to the circuit court of Atalla county. Shackle-ford, J. • This was a suit instituted in the court below, at the March term, 1868, by Elizabeth Ellington against J. B. Ellington, to recover ten thousand dollars, damages, for the lost services of Virginia A. Ellington, aged sixteen years and her daughter, occasioned by the seduction and defilement of the said Virginia by the defendant in 1866. To the action defendant pleaff 1. General denial; 2. The emancipation of the…
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Error to the circuit court of Atalla county. Shackle-ford, J. • This was a suit instituted in the court below, at the March term, 1868, by Elizabeth Ellington against J. B. Ellington, to recover ten thousand dollars, damages, for the lost services of Virginia A. Ellington, aged sixteen years and her daughter, occasioned by the seduction and defilement of the said Virginia by the defendant in 1866. To the action defendant pleaff 1. General denial; 2. The emancipation of the said Virginia by plaintiff at the time; 3. That Virginia was free at the time and in her own rightful service ; 4.…
1Opinion of the Court
SlMRALL, J.:
There was no express remedy given by the law, to redress the wrong done the parent in the seduction of his child. The special action on the case was therefore allowed, in this, as in other instances where a wrong was done, and no “ original writ” would bo found in the chancery that would suit the circumstances. This form of action, was early accepted— grounded on the idea that the daughter bore the relation of a servant to the parent; the declaration alleging, “per quod servitum amisit.”
Judicial history shows, however, that the relation of master and servant, has but little more…
2Cases cited5 opinions
- Martin v. PayneNew York Supreme Court · 1812
- Mulvehall v. . MillwardNew York Court of Appeals · 1854
- Roberts v. ConnellySupreme Court of Alabama · 1848
- Dain v. . WyckoffNew York Court of Appeals · 1858
- Bolton v. MillerIndiana Supreme Court · 1855
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- Graham v. WallaceAppellate Division of the Supreme Court of the State of New York · 1900
- Ingwaldson v. SkrivsethNorth Dakota Supreme Court · 1898
- Charles Ronald Brent v. Vennit B. Mathis, IIMississippi Supreme Court · 2014
- Stone v. BangMississippi Supreme Court · 1929
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