Cartwright v. Juvenile Court at Nashville
| Decision Date | 07 March 1938 |
| Citation | 113 S.W.2d 754,172 Tenn. 626 |
| Parties | CARTWRIGHT et al. v. JUVENILE COURT AT NASHVILLE et al. |
| Court | Tennessee Supreme Court |
Error to Circuit Court, Davidson County; A. B. Neil, Judge.
Proceeding by the Juvenile Court at Nashville and others against Marcus Cartwright, by his guardian, the Broadway National Bank, to inquire into the ability of Marcus Cartwright an insane person, to support a minor child. To review an order directing the payment of $20 per month for the support of the minor child, Marcus Cartwright and his guardian bring error.
Affirmed.
J. G Stephenson and Joe Morse, Jr., both of Nashville, for plaintiffs in error.
Newman Brandon, Jr., of Nashville, for defendants in error.
This is an appeal from the judgment of the circuit court overruling a demurrer and affirming the judgment of the Juvenile Court at Nashville directing Marcus Cartwright and his guardian, the Broadway National Bank, to pay $20 per month for the support of Cartwright's infant child. The only question presented on this appeal is whether the Juvenile Court had jurisdiction to render the judgment or order entered by it.
Unless a child has been adjudged neglected, delinquent, or dependent, the courts of Tennessee are without authority, in an independent proceeding, to make an order requiring a father to provide periodical payments for the support and maintenance of his child. This is so unless the father be of unsound mind. See Code section 9652. While the father is liable for the support of his child, the ordinary method of enforcing this liability is by suit against the father for reimbursement on behalf of the person who has furnished necessities to the child. Fuller v. Fuller, 169 Tenn. 586, 89 S.W.2d 762; Baker v. Baker, 169 Tenn 589, 89 S.W.2d 763.
When however, a child has been found neglected, delinquent, or dependent in the Juvenile Court, section 10306 of the Code contains this provision:
"In any case in which the court shall find a child neglected, dependent, or delinquent, it may in the same or subsequent proceeding, upon the parents of such child or either of them being duly summoned or voluntarily appearing, proceed to inquire into the ability of such parent or parents to support the child or contribute to its support, and if the court shall find such parent or parents able to support the child or contribute thereto, the court may enter such order or decree as shall be according to equity in the premises, and may enforce the same by execution or in any way in which a court of equity may enforce its orders and decrees, and no property of such parents, or either of them, shall be exempt from levy and sale under such execution or other process issued from said court."
It will be observed that the Juvenile Court may enforce an order of this nature against the father "by execution or in any way in which a court of equity may enforce its orders and decrees."
The defendant Marcus Cartwright was formally adjudged to be of unsound mind and a guardian appointed for his estate prior to this proceeding begun in the Juvenile Court.
There is no exception in section 10306 of the Code, above quoted of parents of unsound mind from...
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