24 Kan. 140 | Kan. | 1880
The opinion of the court was delivered by
This was an action brought by the plaintiff in error, in the probate court of Shawnee county, on an ac
The only errors complained of by the plaintiff in error as occurring in either the probate court or the district court, are as follows: First, The court erred in sustaining the motion of the defendant for judgment. Second, The said judgment was given for the said defendant, when it ought to have been given for the said Charles E. Smith, according to the law of the land.
Did either court commit any substantial error? For the purposes of this case, we shall suppose that the plaintiff in error has so preserved his exceptions to all questioned rulings of the courts below, and so got his case into this court, that we may hear and determine the case upon its merits; but this supposition is extremely favorable to the plaintiff in error. Upon the merits of this case, we think the plaintiff in error must fail. He cannot recover for the board, clothing, etc., for which he has charged. During all the time while he was
We think the decisions of the courts below were correct* We think Mr. Schouler in his work on the Domestic Relations, (p. 378,) states the law governing this case very correctly. His language is as follows: “ It is well settled that in the absence of statutes, a person is not entitled to the custody and earnings of step-children, nor bound by law to maintain them. Yet, if a step-father voluntarily assumes the care and support of a step-child, he stands in loco parentis; and the presumption is, that they deal with each other as parent and child, and not as master and servant — in which case the ordinary rules of parent and child will be held to apply, and neither compensation for board is presumed on the one hand, nor for services on the other.” We do not think that the plaintiff is entitled to recover in this case, and hence the judgment of the court below must be affirmed.