Citation Numbers: 4 Ky. Op. 555
Judges: Pryor
Filed Date: 12/16/1871
Status: Precedential
Modified Date: 7/24/2022
Opinion op the Court by
The proof in this case shows a special contract made by the mother of the infants in regard to their board and tuition with the appellant. The mother at the time she made this contract was a feme covert. The husband of Mrs. Wood and father of the children who are sued is still living. One of the alleged causes for reversal, is the refusal of the court to permit an amended pleading filed, by which the mother’s property is sought to be made liable. This question can not now be made, as the appellant, of her own motion, dismissed the case as against Mrs. Wood, and there is no suit pending against her. The court below should have dismissed the suit as against the appellees. They were both infants