Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 21 of 21

Full-Text Articles in Law

Domestic Relations -- 1961 Tennessee Survey, William J. Harbison Oct 1961

Domestic Relations -- 1961 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

In the case of In re Van Huss' Petition' the Tennessee Supreme Court denied an adoption under a literal interpretation of the residence requirements inserted into the adoption statutes in 1959. Under the 1959 statutes, although the petitioners in adoption proceedings were not required to make Tennessee their legal residence, they were required to "have lived, maintained a home and been physically present in Tennessee, or on federal territory within the boundaries of Tennessee for one (1) year next preceding the filing of the petition .... -

In the Van Huss case the petitioning husband met all of the other …


Contracts -- 1961 Tennessee Survey, Paul J. Hartman Oct 1961

Contracts -- 1961 Tennessee Survey, Paul J. Hartman

Vanderbilt Law Review

I. Offer and Acceptance--Notification of Acceptance Before Notification of Revocation--Duration of Offer with Fixed Expiration Date

II. Implied and Quasi Contract--Claim for Services Where Family Relationship Involved

III. Parol Evidence Rule--Application of Rule to Third Party Not a Party to the Written Instrument--Pre-existing Duty as Consideration

IV. Exculpatory Contracts--Contracting Against Liability for Consequences of Own Negligent Conduct

V. Agreement in Restraint of Trade-Agreement of Seller of Business Not to Compete--Enforcement of Restraint in Area Greater than Required to Protect Purchaser


Some Statistics And Comments On The Statutory Grounds For Divorce In Virginia, Alexander J. Michalos Oct 1961

Some Statistics And Comments On The Statutory Grounds For Divorce In Virginia, Alexander J. Michalos

William & Mary Law Review

No abstract provided.


Desertion During Pendency Of Divorce Suit, Joseph L. Lyle, Jr. Sep 1961

Desertion During Pendency Of Divorce Suit, Joseph L. Lyle, Jr.

Washington and Lee Law Review

No abstract provided.


Insanity As A Defense Or Ground Of Divorce Sep 1961

Insanity As A Defense Or Ground Of Divorce

Washington and Lee Law Review

No abstract provided.


Support Of Children Born Out Of Wedlock: Virginia At The Crossroads Sep 1961

Support Of Children Born Out Of Wedlock: Virginia At The Crossroads

Washington and Lee Law Review

No abstract provided.


Domestic Relations, Dale Kremer Jul 1961

Domestic Relations, Dale Kremer

Washington Law Review

Covers cases on the modification of child custody awards—jurisdictional requirements.


Negligence - Interspousal Tort Immunity - Action By Wife Against Deceased Husband's Estate, Charles E. Voltz Jun 1961

Negligence - Interspousal Tort Immunity - Action By Wife Against Deceased Husband's Estate, Charles E. Voltz

Michigan Law Review

When the automobile driven by plaintiff's husband collided with another vehicle, plaintiff's husband was killed and she was seriously injured and rendered mentally incompetent. Plaintiff's guardian brought a negligence action for her injuries against the other driver, who impleaded the administrator of her husband's estate as a third-party defendant. The trial court denied administrator's pre-trial motion for summary judgment, and subsequently entered judgment against the administrator. On certification, held, affirmed. The doctrine of tort immunity between spouses is based on a policy of preserving domestic peace and harmony and preventing fraudulent collusion against insurance companies, and does not apply …


Divorce On Ground Of Separation Mar 1961

Divorce On Ground Of Separation

Washington and Lee Law Review

No abstract provided.


Macdonald: Fraud On The Widow's Share, Max Rheinstein Mar 1961

Macdonald: Fraud On The Widow's Share, Max Rheinstein

Michigan Law Review

A Review of FRAUD ON THE WIDOW'S SHARE. By William D. Macdonald


Child Custody Across State Lines Mar 1961

Child Custody Across State Lines

Washington and Lee Law Review

No abstract provided.


Abstracts Of Recent Cases, Robert Glenn Lilly Jr. Feb 1961

Abstracts Of Recent Cases, Robert Glenn Lilly Jr.

West Virginia Law Review

No abstract provided.


Damages--Loss Of Consortium--Recovery By Either Spouse, Orton Alan Jones Feb 1961

Damages--Loss Of Consortium--Recovery By Either Spouse, Orton Alan Jones

West Virginia Law Review

No abstract provided.


Illegitimate Children And Conflict Of Laws, John W. Ester Jan 1961

Illegitimate Children And Conflict Of Laws, John W. Ester

Indiana Law Journal

No abstract provided.


Alimony, Property Division, And The Modem-Day Wife, Harry L. Snead Jr. Jan 1961

Alimony, Property Division, And The Modem-Day Wife, Harry L. Snead Jr.

University of Richmond Law Review

Two Virginia cases prompt this note: In one the court was concerned with alimony and a working wife (Baytop v. Baytop) the other involved a property settlement between. a husband and a working wife who had used her inheritance to purchase real estate. (Smith v. Smith).


Family Law (Survey Of Kansas Law), Dan Hopson, John W. Brand Jr. Jan 1961

Family Law (Survey Of Kansas Law), Dan Hopson, John W. Brand Jr.

Articles by Maurer Faculty

No abstract provided.


Family Law 1961 Survey Of New York Law: Part Four: Torts And Family Law, Roger J. Goebel, Arthur W. Rashap Jan 1961

Family Law 1961 Survey Of New York Law: Part Four: Torts And Family Law, Roger J. Goebel, Arthur W. Rashap

Faculty Scholarship

Legislation designed to enable prompt judicial supervision of private adoptions was the most significant advance in domestic relations law this year. The legislature also subjected the contracts and earnings of infants engaged in professional activities to judicial control. Notable Court of Appeals decisions granted an annulment for constructive abandonment through refusal of sexual relations, denied an injunction against divorce proceedings in a foreign nation, and refused to abrogate the old rule against actions in tort by a child against his parent. Probably the most notorious case of the year was the action for debauchery brought by an eighteen-year-old plaintiff against …


Practical Aspects Of Ohio Divorce Proceedings, Anthony R. Fiorette Jan 1961

Practical Aspects Of Ohio Divorce Proceedings, Anthony R. Fiorette

Cleveland State Law Review

In its enforcement, the lawyer, as an officer of the court, occupies a top position of responsibility. The opportunity to deter, and perhaps prevent, the ultimate dissolution of the family comes first to him, and carries with it, a challenge to his patience, tolerance and particularly to his concept of social service. When pursuit of divorce and consequent family disorganization appears unavoidable, counsel is accorded a further opportunity to minimize expenses, avoid scandal and bitterness, and to plan the future welfare of the minor children and the estranged spouses. In performing this task he seeks to evaluate how the court …


A Defense Of First-Cousin Marriage, Marvin M. Moore Jan 1961

A Defense Of First-Cousin Marriage, Marvin M. Moore

Cleveland State Law Review

In most American jurisdictions a marriage between first cousins constitutes incest. This rule cannot be justified, as this writer hopes to demonstrate in the following discussion.


Family Purpose Doctrine--Agency--Problems In Interpretation Of The Words "Family Purpose", C. T. Earle Jan 1961

Family Purpose Doctrine--Agency--Problems In Interpretation Of The Words "Family Purpose", C. T. Earle

Kentucky Law Journal

No abstract provided.


Review Of Frederic William Maitland, Historian: Selections From His Writings, Edited By Robert Livingston Schuyler, Sanford N. Katz Dec 1960

Review Of Frederic William Maitland, Historian: Selections From His Writings, Edited By Robert Livingston Schuyler, Sanford N. Katz

Sanford N. Katz

No abstract provided.