Natchez Cotton Mills Co. v. Mullins
Mississippi Supreme Court
Natchez Cotton Mills Co. v. Mullins, 67 Miss. 672 (Miss. 1890)
Campbell
Natchez Cotton Mills Co. v. Mullins
Opinion of the Court
delivered the opinion of the court.
The widow alone had the right of action, and she had the right to accept satisfaction, and discharge the defendant. Code, § 1510.
Her children must look to her, and not to the defendant. A mother’s love is a sufficient safeguard against improperly acquitting a defendant from liability, and the law in such cases as this has committed the interests of children to their mother. To her is committed the right of action, and she alone may control it. Stephens v. Railroad, 10 Lea, 448; McNamara v. Slavens, 76 Mo. 329.
Decree reversed\ demurrer sustained 'and hill dismissed.
Reference
- Full Case Name
- Natchez Cotton Mills Co. v. Lizzie O. Mullins
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Action fob Death of Husband. Compromise by widow. Children bound thereby. Under § 1510, code 1880, which gives the widow of one whose death is caused by the wrongful act of another the right to sue therefor, but provides that if she has children the damages shall be distributed as'personal property of the husband, the widow alone has the right of action, and even after judgment, pending an appeal, she may accept less than the recovery and discharge the defendant, and the children will be bound by her action in so doing.