23 Haw. 115 | Haw. | 1916
OPINION OP THE COURT BY
The plaintiff brought an action in the circuit court against the defendant as administratrix of the estate of her deceased husband, Sniffen, claiming the sum of
The circuit court, jury waived, held that the plaintiff was entitled to recover and gave judgment for the amount claimed. The court intimated that the amount of the claim was excessive, but felt constrained, in the absence of any contrary evidence, to hold as it did. The decision cannot be said to be unsupported by the evidence. The only exceptions relied on by the defendant are those going to the denial of a motion for nonsuit, and to the decision and judgment. The motion for a nonsuit was based upon the ground that no contractual relation had been shown to exist between the plaintiff and the decedent. It is contended that the evidence not only failed to show an express contract under the second count of the complaint, but did
Section 1288 of the Civil Code of 1859 (now R. L. 1915, Sec. 2993) provided that “The children of a valid marriage shall be denominated legitimate, and the husband of said marriage shall be liable for their support in all respects, until'they severally attain the age of majority, when his liability shall cease for further provision.” Such was the obligation assumed by Sniffen when he adopted the child in question, “for by the very terms of the agreement this obligation would be cast on the adopting parent.” Mokuhia v. McCandless, 5 Haw. 370. “That it is the duty of parents to support and maintain their children is well established; and although there has been some difference of opinion as to whether in the absence of statute, there is a legal or merely a moral obligation, the better view undoubtedly is that the obligation is a legal one. At the present time the duty is very generally
Under the exceptions to the decision and judgment counsel for the defendant raise the point that the plaintiff
A new trial is granted and the case is remanded to the circuit court.