Court of Appeals of Kentucky, 1874

Wade v. Lyman

Wade v. Lyman
Court of Appeals of Kentucky · Decided January 9, 1874 · Pryor
7 Ky. Op. 427; 1874 Ky. LEXIS 122

Wade v. Lyman

Opinion of the Court

Opinion by

Judge Pryor:

The question involved in this case has been heretofore decided by this court in' the case of McMurray v. Shuck, 6 Bush 111. It is there said that the debtor had higher obligations upon him to maintain his sister and brothers, who were of tender years than to provide for the wants- of creditors, however just their demands. If so, how much greater the obligation to support a widowed and indigent mother.

The views presented in the oral argument made by counsel in opposition to this parental claim-, although impressive and exceedingly forcible, must be made to yield to the dictates of natural justice in permitting the discharge of this filial duty, viz: β€œThe support by the -son of the poor and needy mother.”

The judgment is reversed and the cause remanded with directions *428to award the appellant a new trial, and for further proceedings consistent herewith.

Turner & Smith, for appellant. McCreary & Bronston, for appellees.

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