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Full-Text Articles in Law
Evidence - Privileged Communication
Evidence - Privileged Communication
Michigan Law Review
In a suit for divorce on the ground of adultery, a Luthern clergyman refused to testify concerning a disclosure made to him in his religious capacity by the defendant husband, on the ground that it was a privileged communication under the Minnesota statute. The district court adjudged him in contempt of court. Upon certiorari to the supreme court of Minnesota, held, the communication was privileged, and the order was reversed. In re Swenson (Minn. 1931) 237 N.W. 589.
Marriag£-Insanity As Ground For Annulment
Marriag£-Insanity As Ground For Annulment
Michigan Law Review
Complainants sought to annul the marriage of their deceased brother on the ground that defendant, his widow, knowing him to be insane at the time, fraudulently procured the marriage. A statute provided for divorce on the ground, among others, of insanity at the time of marriage. On demurrer, held that the marriage was, under the statute, voidable only, could only be attacked directly in the life-time of the parties, and hence was not subject to collateral attack by the relatives after the death of the incompetent spouse. White v. Williams (Miss. 1931) 132 So. 573.
Conflict Of Laws-Renvoi Doctrine
Conflict Of Laws-Renvoi Doctrine
Michigan Law Review
H, an Englishman, married W in England. On separation H acquired a domicil in Germany. A child was thereafter born to Y, a woman with whom H was living in Germany. H subsequently divorced W in Germany and married Y. Whether the child was legitimate determined whether H had validly exercised a power of appointment in an English settlement. Held, legitimacy is to be determined by the law of the domicil, including its rules of private international law. Germany, referring the matter to English law, found a remittance which Germany accepted and applied German municipal law. The child, by …
Crimes-Mistake Of Facts Of A Defense
Crimes-Mistake Of Facts Of A Defense
Michigan Law Review
The defendant was convicted of bigamy under the usual statute (in this case, Fla. Comp, L., 1927, secs. 7559-7660) punishing as bigamous any person remarrying while the former spouse was still living, unless that spouse had been absent three years, the party remarrying not knowing the other to be alive during that time, or unless a legal divorce had been granted. The defense was, that as the defendant's first wife had told him and others that she had secured a divorce and had remarried, and had introduced to him her second husband, he honestly believed her. It was held, …
Crimes - Venue- Non-Support, Abandonment, And Desertion
Crimes - Venue- Non-Support, Abandonment, And Desertion
Michigan Law Review
Defendant was divorced by his wife in A county in 1926. In 1929, defendant was indicted for non-support of his children, in B county, where his former wife and the children had maintained their home since the divorce. An objection to the venue was raised by the defense, on the ground that, if a crime was committed, it was consummated in A county, where defendant had been living during the time he was charged with non-support. Held, that "the venue of non-support is where that support should be rendered." State v. Anderson (Or. 1930) 290 Pac. 1904