¶1Motion in arrest adjudged sufficient — 1st. Therei is no averment in tbe declaration that tbe plaintiff is a feme sole, or but that said Edward’s father is living. 2d. It doth not appear that she was guardian or any way entitled to tbe services of said boy; that as mother she is not, which differs the case from that of a father’s commencing tbe action, for be is tbe natural guardian of bis minor children, and entitled to their services.
1 Root 487
Burk v. Phips
Decided January 15, 1793
Supreme Court of Connecticut · decided 1793-01-15
AotjoN of tbe case; declaring that on or about tbe 1st of March last past, her son Edward Burk, a minor about sixteen years of age, being on board of tbe defendant’s vessel at Charleston, in South Carolina, as a seaman, for a voyage of three months at customary wages; tbe defendant sold and executed a bill of sale or indenture of said Edward, to one Thomas Thomas for a term of years, and compelled bim to enter on. board said Thomas’s vessel, bound to foreign parts, contrary…
Decided 1793-01-15