Burk v. Phips

1 Root 487

Opinion

Motion 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.