PARENT AND CHILD - DUTY OF MOTHER TO SUPPORT CHILD WHEN FATHER IS ALIVE

Plaintiff obtained a divorce from defendant, and at the time of the divorce voluntarily undertook to care for and support their twenty-one year old son, who was afflicted with tuberculosis and unable to support himself. The son resided with his mother until his death. She instituted this action against the father to recover for the care and support of the son from the time of the divorce until his death and for funeral expenses, relying upon a statute imposing upon specified classes or relatives of poor persons a duty to maintain them, which statute the plaintiff contended imposed a duty upon the father to support their adult son while he was unable to support himself. Held, that the liability imposed by the statute was joint and several and that the plaintiff, in the absence of an express agreement, could not recover.

Tesch v. Tesch, 65 S. D. 637, 277 N. W. 328 (1938).