Garrison

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 336 This is an action brought by the father to recover his damages occasioned by the accident which was the subject matter involved in the case of Garrison v. Pearlstein, ante, p. 326 [ 229 P. 348 ]. Judgment went for the plaintiff and the defendants have appealed. [1] The action was commenced by John D. Garrison, the father of the minor boy. The appellants claim that the mother should have been joined as a party plaintiff. In this connection they cite section 197 of the Civil Code, which provides: "The father and mother of a legitimate, unmarried minor child are equally entitled to its custody, service and earnings." By reason of the provisions of that section it is contended that the action should have been brought in the name of both parents. The manifest purpose in wording that section of the code as it is worded was to secure to the mother a property right and not for the purpose of making litigation more involved. No controversy whatever appears by the record to exist between the father and mother as to the possession of the moneys…

A petition by respondent to have the cause heard in the supreme court, after judgment in the district court of appeal, was denied by the supreme court on October 16, 1924.