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Husband And Wife--Right To Wife To Sue Her Husband For Personal Injuries--Interpretation Of Statutes, Jerome Katz Dec 1930

Husband And Wife--Right To Wife To Sue Her Husband For Personal Injuries--Interpretation Of Statutes, Jerome Katz

West Virginia Law Review

No abstract provided.

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Divorce--Finality Of Alimony Decree, John Hampton Hoge Dec 1930

Divorce--Finality Of Alimony Decree, John Hampton Hoge

West Virginia Law Review

No abstract provided.

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Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son Dec 1930

Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son

Michigan Law Review

Plaintiff was injured through the negligence of his father who was employed by the defendant. The parent was acting within the scope of his employment at the time of the injury. Held, plaintiff could recover from his father's employer, even though the child could not have sued his father. Chase v. New Haven Waste Material Corporation (Conn. 1930) 150 Atl. 107.

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Divorce - Recrimination As A Defense Dec 1930

Divorce - Recrimination As A Defense

Michigan Law Review

If both parties have a right to divorce, neither party has. This judicial pronouncement, paradoxical and puzzling as it must seem, at least to the lay mind, nevertheless embodies the kernel of the doctrine of recrimination as it is applied in divorce cases by modem courts. One party seeks divorce and proves beyond doubt that he or she is entitled to relief. But, if it is found that the complaining party too, is guilty of conduct for which a divorce may be granted, the court turns a deaf ear to both. For, in the oft quoted words of Chancellor Wallworth, …

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Marriage-Validity Of Marriage Terminable At Will Of The Parties Under Soviet Law Dec 1930

Marriage-Validity Of Marriage Terminable At Will Of The Parties Under Soviet Law

Michigan Law Review

Petitioner married the respondent in Moscow, in 1924, the parties being the domiciled in the Soviet Union. By Soviet law a divorce could be secured upon the registration of both parties of their desire to terminate the marriage, or upon the application of one of them to a court which had no discretion but to dissolve the union. The petitioner filed a bill for separation in England, and an issue was directed in the lower court to determine whether the parties had ever been husband and wife. The court held the marriage invalid, but on appeal it was held the …

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Parent And Child-Legitimation-Statutory Construction Dec 1930

Parent And Child-Legitimation-Statutory Construction

Michigan Law Review

J W, a resident of Oklahoma, died leaving an estate consisting of property entirely within that state. Plaintiff, an illegitimate child of J W, claimed as heir. Plaintiff was born in Kansas where both her parents were then domiciled. J W while still a resident of Kansas recognized plaintiff as his daughter. Plaintiff claimed that by virtue of this recognition and a Kansas statute allowing illegitimates to inherit from the father whenever he had recognized them as his children, that she had been legitimated in Kansas and was therefore entitled to a share of J W's estate. Held, that …

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Constitutional Law-Due Process-Procedure Nov 1930

Constitutional Law-Due Process-Procedure

Michigan Law Review

New York Code of Criminal Procedure, sections 921-925, provides, in substance, that the Commissioner of Public Welfare may apply to two magistrates and, upon a showing that a husband or father owning property in the jurisdiction has absconded leaving a wife or children likely to become charges on the public, may secure a warrant for the seizure of such property and that, after confirmation of the warrant by the county court, such property may be applied to the support of the spouse or children. No sort of notice to the absentee is required. Held, affirming the decision of the …

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Some Problems In Jurisdiction To Divorce, James L. Parks Apr 1930

Some Problems In Jurisdiction To Divorce, James L. Parks

University of Missouri Bulletin Law Series

The American Law Institute in its Restatement of the Conflict of Laws has codified the rules governing jurisdiction of a court to grant a divorce, where no personal jurisdiction of the defendant is obtained, as follows: "A state cannot exercise through its courts jurisdiction to dissolve the marriage of spouses of whom one is domiciled within the state and the other is domiciled outside the state, unless the spouse who is not domiciled in the state (a) has permitted the other spouse to acquire a separate home; or by his misconduct has ceased to have the right to object to …

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Status Of The Proceeds Of Life Insurance Under The Community Property System, Fred W. Catlett Apr 1930

Status Of The Proceeds Of Life Insurance Under The Community Property System, Fred W. Catlett

Washington Law Review

The vast and increasing amount of money invested in policies of life insurance in the states having a community property system makes the status of the proceeds of such policies under that system of very general interest, and renders it highly desirable and important that the laws as to such contracts should be worked out with dispatch, definiteness and certainty The fact that there are in the community property states different theories as to the character and extent of the wife's interest and different statutes affecting the determination of the rights of the spouses has led to somewhat varying results. …

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Liability Of The Entire Community Estate For The Payment Of State Inheritance Tax Where Husband Undertakes To Dispose Of Entire Community Estate By Will And Wife Elects To Take Under The Will, Judson F. Falknor Apr 1930

Liability Of The Entire Community Estate For The Payment Of State Inheritance Tax Where Husband Undertakes To Dispose Of Entire Community Estate By Will And Wife Elects To Take Under The Will, Judson F. Falknor

Washington Law Review

The question suggested by this topic has not been passed upon by the Supreme Court of this state and has already proven troublesome in a good many pending estates. In this paper, the problem will be discussed from the standpoint of the local inheritance tax and community property statutes, without any especial attention to the similar question which arises under the federal estate tax laws. However, while the state tax and the Federal tax are undoubtedly fundamentally different in their nature, it is thought that the solution of the problem as to the state tax will likewise solve it as …

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Marriage As Part Performance In Relation To The Statute Of Frauds, H. H. Fuson Jan 1930