Morris v. Low

Decided June 15, 1833

Supreme Court of Alabama · decided 1833-06-15

In thischse an action of trespass vi et armis, was instituted by the plaintiff in error, in Lauderdale Circuit Court. The declaration charged the defendants with having taken out of the possession of the plaintiff, by violence, a servant girl, who had been ap-. prentieed to him. The proof offered was, that the mother of the child had entered into a parol contract with the plaintiff, by which the child was to serve the plaintiff for a certain time.

Cited by 1 later decisions — most recently May 1875

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1833-06-15

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Taylor, J.

¶1The only point to be considered in this case, is, whether the mother, as a natural guar*124dian to the daughter, can bind her during her minority, to a third person, by paro].

¶2Were it necessary to decide upon the power of the mother to make with a third person a binding-contract, for the services of the daughter, uuiiL the latter became of age, we should, under present impressions, decide that the mother has no power, as 'natural guardian, thus to dispose of her child.a

¶3But, admitting she possesses this power, we are of opinion, the contract must be by deedand, if made by parol, is not obligatory.b

¶4The judgment must be affirmed.

¶5Reeves Rep. 320

¶6 1 Salk. 68; Ld Raym. J117. '