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79 Mich. 16

Lapworth v. Leach

Michigan Supreme Court

Decided December 28, 1889

Michigan Supreme Court · decided 1889-12-28

<p>Parent and child — Inability for support — Statute of limitations.</p> <p>1. No promise on the part of the father to pay the mother for anything she may do in the discharge of her moral duties to their offspring can be implied.</p> <p>2. The mother is as much morally bound to care for, support, nourish, and educate her child as the father, and the law will not allow her to recover for so doing simply because the father omits his duty.</p> <p>3. A wife, who is deserted by her husband before the birth of a child, cannot recover of the father for its support, care, or education by her without showing an express promise on the part of the father to pay for the same, made within six years next before the commencement of her suit.</p>

Cited by 2 later decisions — most recently December 1921

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1889-12-28

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Campbell, J.

¶1The opinion of the circuit judge holding defendant not liable to plaintiff is in accordance with our decisions, and sufficiently explains the rule.1

¶2I think the judgment should be affirmed.

Ohamplin, Morse, and Long, JJ., concurred with Campbell, J.

¶3 For copy of opinion of circuit judge see dissenting opinion.

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