37 Tenn. 146 | Tenn. | 1857
delivered the opinion of the Court.
This was an action on the case for the seduction of Ellen Jonnard, the step-daughter of the plaintiff, who at the time of her seduction, was, and still is a minor. Judgment was rendered against the plaintiff in the Circuit Court, and the case is brought here by an appeal in error.
The record shows that the plaintiff’s cause of action, and right of recovery, were sufficiently established in every material respect: It likewise discloses the causes of the failure of the action, the admission of a mass of irrelevant and illegal testimony, and the application of erroneous principles in the instructions to the jury.
The question was made on the trial, whether the plaintiff, as .step-father, could maintain the action. Upon this point the Court stated, “that if the plaintiff took the step-daughter to reside with him, as a member of his family, the law would presume .that she rendered service in .consideration of. maintenance,” &c. This is correct as far as it goes: but the law is not fully stated, as the question in all its aspects and bearings, required.
.The husband is not by law, bound to maintain a
Having stated these general principles, in consequence of the views entertained of this case in the Court below, we pass to the consideration of another portion of the instructions of the Court to the jury.
It seems to have been assumed, on the trial, as a ground of defense to the action — though without any sufficient foundation, from the proof before us — that the plaintiff was the mere creature of his wife and family. And with reference to this assumption, the Court stated to the jury: “ That the husband had a right, in law, to be the head of the family, and was presumed to assume that position, in the absence of proof to the contrary.”
“But it was competent to show by proof, that in
This entire statement — as regards tbe legal right of tbe plaintiff to maintain tbe action — is erroneous. It is not law.
By tbe common law tbe husband is tbe sole and absolute bead of tbe family: and of this character and relation, with its attendant rights 'and obligations be cannot be divested — in tbe absence of mental or moral incapacity — during tbe continuance of tbe matrimonial union, as respects tbe wife, or tbe minority of bis children, as respects them. Tbe separate legal existence and authority of tbe wife is suspended, and neither she, nor tbe minor children, can do any act, except by bis authority expressed or implied, to bind him or prejudice bis rights, so long as be reasonably discharges bis relative duties towards them, according to bis circumstances and condition in life. As husband be is absolutely bound to provide' reasonably for tbe support of bis wife: and as father, be is in like manner bound to provide for tbe maintenance and education of bis children, during their minority, if •of sufficient ability. As bead of tbe family, be alone is responsible, in law, for tbe proper control and government of bis household; be alone is punishable for
To the relation of head of a -family, the law has attached certain rights and duties. And for certain purposes, the individual occupying such relation, is conclusively presumed to be possessed of the necessary qualifications for the discharge of his duties, as well as for the maintenance of his rights, and evidence to show the fact to be otherwise, cannot be allowed. The law from motives of expediency, precludes such an inquiry. If the doctrine laid down in the instructions of the Circuit Judge were established, the husband and father might often be despoiled of his rights, and discharged of his liabilities. Such a doctrine would lead to the most absurd and mischievous consequences, and to utter confusion and derangement in all the domestic relations.
As a legitimate consequence of the principle assumed in the charge of the Court, the defendant was permitted to introduce, as evidence to the jury, a written instrument, purporting to contain the terms of a full
This paper was prepared by an attorney, who appeared in the Court below as one of the defendant’s counsel in the case, who was examined as a witness for the defendant, on the trial, and avowed that the paper was his “ own production.” The paper was placed by the attorney,.in the hands of an intimate friend of the defendants, who states that he submitted the paper to them, the mother and daughter, and explained to them, as well as he could,, its effects; they being foreigners, and but little acquainted with the English language, as proved by another witness; at least such is the case as regards the mother. All this took place before the birth of the child, and during the temporary absence of the plaintiff in East Tennessee, where he was engaged for sometime in the pursuit of his vocation, and before the institution of this suit.
We forbear to characterize this paper; we leave it, and the circumstances connected with its execution, to speak for themselves. All that we need ' say is, that the admission of the paper, as evidence, was an error to be deeply regretted, as the result proved. Other
Tbe case demanded a careful examination. Tbe record shows that artful schemes were laid, and efforts repeatedly made to elicit admissions, and draw forth statements from tbe plaintiff, as well as from tbe girl berself, and other members of tbe family, with a view to beget confusion and contradictions. And it is impossible to read tbe record without receiving tbe painful impression,. that justice was overpowered by a combination of influences, brought to bear upon an obscure stranger in indigent circumstances, and standing alone in
The statement alleged to have been made by the plaintiff, “that he was forced by his family to bring this suit,” when we look to the time, place, and circumstances under which it is stated to have been made, is entitled to no consideration.
The question is: Has the plaintiff made out a sufficient cause of action ? Hid he adopt the step-daughter as a member of his family? And was she debauched and gotten with child by the defendant ? These facts, we think are established by the proof in the record before us, and therefore the plaintiff ought to have had a verdict.
The judgment will be reversed, and the case remanded for a new trial.