
    Burk v. Phips.
    An action will not lie in favor of a mother as a mother, for the service of a minor son, where it does not appear hut what the father is living. ;
    AotjoN of tbe case; declaring that on or about tbe 1st of March last past, her son Edward Burk, a minor about sixteen years of age, being on board of tbe defendant’s vessel at Charleston, in South Carolina, as a seaman, for a voyage of three months at customary wages; tbe defendant sold and executed a bill of sale or indenture of said Edward, to one Thomas Thomas for a term of years, and compelled bim to enter on. board said Thomas’s vessel, bound to foreign parts, contrary to tbe mind and will of tbe plaintiff, or of said Edward; whereby she is deprived of the person, service, and company of her said son, to her damage £1,500; per writ dated 4th of April A. D. 1792. Plea — Not guilty. Issue to tbe jury. Verdict for tbe plaintiff, and £15 damages.
    Tbe defendant moved in arrest of judgment tbe insufficiency of the plaintiff’s declaration.
   Motion in arrest adjudged sufficient — 1st. Therei is no averment in tbe declaration that tbe plaintiff is a feme sole, or but that said Edward’s father is living. 2d. It doth not appear that she was guardian or any way entitled to tbe services of said boy; that as mother she is not, which differs the case from that of a father’s commencing tbe action, for be is tbe natural guardian of bis minor children, and entitled to their services.  