[Download] "State v. Mccarthy" by In the Supreme Court of the State of Montana # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Mccarthy
- Author : In the Supreme Court of the State of Montana
- Release Date : January 12, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The question presented on this appeal is one of first impression in this jurisdiction. While the duty of the father to support his children during minority has been the subject of decision in opinions of this Court, it is conceded on this appeal that the duty of the father to support his child, who is defective mentally or physically, and who after reaching the age of twenty-one years continues in such condition, has not been the subject of decision in this State. The fact that the latter is true may be due to the fact that the defective children are relatively few when compared with all children in the State, who by nature must pass through the period of minority when they are held, in law, to be incapable of managing their own affairs, and to be under the jealous protection of the law. Or it may be, as Kent says: "The obligation of parental duty is so well secured by the strength of natural affection, that it seldom requires to be enforced by human laws." 2 Kent in American Law, 190.