swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Children - From: 1800 To: 1849
This page lists 10 cases, and was prepared on 20 May 2019.
Chandler v Parker and Danks [1800] EngR 3; (1800) 3 Esp 76; (1800) 170 ER 544 (A)
1800
Contract, Children
Where the plaintiff declares on a joint contract, and one defendant pleads infancy, the plaintiff cannot enter a noli prosequi and proceed against the other defendant in that action, but should commence a new action against the adult defendant only.
[ Commonlii ]
Rex v Friend (1802) Russ and Ry 20
1802
Children
Where a mother had proper custody of a child, an agency of necessity extended to her purchase of necessaries for the child as well as for herself.
1 Citers
Hesketh v Gowing (1804) 5 Esp 131
1804
Children
Where a father placed his children in the care of a nurse or servant, he might have financial responsibility for necessaries bought for the child.
1 Citers
Ex Parte Pye (1811) 18 Ves p 154
1811
Lord Eldon
Children
A person acting in loco parentis is "in the situation of the person described as the lawful father of the child"
1 Citers
Stone And Another v Wishart And Others [1817] EngR 378; (1817) 2 Madd 64; (1817) 56 ER 258 (B)
26 Apr 1817
Children
[ Commonlii ]
Wellesley v Duke of Beaufort (1827) 2 Russ 1
1827
Lord Eldon LC
Children
A member of Parliament claimed parliamentary immunity from the consequences of having abducted his child. Held: The court discussed the origins of the court's inherent jurisdiction over children and the infirm. Lord Eldon LC said: it belongs to the King as parens patriae, having the care of those who are not able to take care of themselves, and is founded on the obvious necessity that the law should place somewhere the care of individuals who cannot take care of themselves, particularly in cases where it is clear that some care should be thrown around them."
1 Citers
Cooper v Phillips (1831) 4 C and P 581
1831
Children
A father with children cared for by others might be responsible financially for necessaries purchased for those children.
Campbell v Campbell [1836] EngR 421; (1836) Donn Eq 4; (1836) 47 ER 188 (A)
15 Feb 1836
Children
[ Commonlii ]
Thomas v Thomas [1843] EngR 1216 (A); (1843) 7 Beav 47
7 Dec 1843
Children, Trusts
[ Commonlii ]
Thomas v Gwynne; Thomas v Thomas [1846] EngR 424 (A); (1845-1846) 9 Beav 275
17 Feb 1846
Children, Land
An infant devisee had been ordered to convey real estate sold for payment of the testator's debts. He made default, and was not amenable to process. The Court, under the 1 W 4 c 60 s 8, directed a person to convey in his place.
1 Cites
[ Commonlii ]