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Full-Text Articles in Law

Conditions And Limitations In Restraint Of Marriage, Olin Browder Jr. Jun 1941

Conditions And Limitations In Restraint Of Marriage, Olin Browder Jr.

Michigan Law Review

From ancient times it has been a practice of testators to provide for the termination of a devised estate upon the marriage of the devisee, or to make their gifts conditional upon a beneficiary's marrying in a prescribed manner. In this way, a parent may hope to extend beyond his death his influence over recalcitrant or irresponsible offspring. But restraints on marriage may have other purposes. More often than not, a testator, by limiting an estate until marriage or by providing for forfeiture upon marriage, may merely seek to assure the maintenance of a female beneficiary until a husband assumes …


Any More Light On Haddock V. Haddock? The Problem Of Domicil In Divorce, Harold Wright Holt Mar 1941

Any More Light On Haddock V. Haddock? The Problem Of Domicil In Divorce, Harold Wright Holt

Michigan Law Review

AT first glance it seems a work of foolhardiness or of supererogation to embark upon a rediscussion of any problems arising from Haddock v. Haddock. True, the decision of the majority of the Supreme Court in that case has not won wholehearted support from the bench or legal profession. True it is, also, that collusive divorces still flourish. These considerations alone might, perhaps, lead the reader to concede that it would not be unfruitful to speculate upon an eventual modification of some of the principles which the Court in that case approved. If, however, further justification is demanded of …


Husband And Wife-Wife's Right To Recover For Loss Of "Consortium" Due To Injury To Husband From Wrongful Sale Of Liquor, William C. Whitehead Mar 1941

Husband And Wife-Wife's Right To Recover For Loss Of "Consortium" Due To Injury To Husband From Wrongful Sale Of Liquor, William C. Whitehead

Michigan Law Review

Plaintiff sued for loss of her right of consortium occasioned by the illness and death of her husband as a result of a sale of liquor by defendant in violation of a state statute. Defendant demurred on the ground that there was no cause of action granted by the statute for damages flowing from such an illegal sale. Held, an action for injury to the wife's right of consortium was available at common law. Swanson v. Ball, (S. D. 1940) 290 N. W. 482.


Injunctions - Power To Restrain Foreign Divorce Proceedings Declaratory Judgment As Adequate Legal Remedy, Michigan Law Review Mar 1941

Injunctions - Power To Restrain Foreign Divorce Proceedings Declaratory Judgment As Adequate Legal Remedy, Michigan Law Review

Michigan Law Review

Plaintiff petitioned a New York court to restrain her husband from prosecuting an action for divorce in a Florida court, alleging that the parties were married in New York, had lived there as husband and wife for twelve years, were still residents of New York, and that the defendant's business was located in the state. The complaint also alleged that the defendant had abandoned the plaintiff without cause; that plaintiff could not bear the expense of defending the Florida action and, in the event of judgment, would lose her status as wife and her concomitant property rights. Held, this …


The Revision Of The Treaties Of Montevideo On The Law Of Conflicts, Ernst Rabel Feb 1941

The Revision Of The Treaties Of Montevideo On The Law Of Conflicts, Ernst Rabel

Michigan Law Review

In its issue of July 1940, the Revista Juridica Argentina of Buenos Aires has published the new "Tratados de Derecho Internacional Privado" of Montevideo concluded in 1939 and 1940. We are grateful to this review for apprising us of a significant event in the field of international codification.


Adoption - Effect On Adoption Proceeding Of Prior Consent Of Parent, Felicia I. Hmiel Feb 1941

Adoption - Effect On Adoption Proceeding Of Prior Consent Of Parent, Felicia I. Hmiel

Michigan Law Review

In 1923 the mother of an illegitimate child surrendered the child to the Children's Home Society and signed an agreement consenting to adoption by any parents chosen by the institution. In 1926 in an adoption proceeding, the child was adopted by the plaintiff's intestate with the society's consent, but with no consent of the mother other than that given in 1923. Upon the death of the intestate in 1936 the plaintiffs, the natural heirs at law, brought suit to set aside the adoption proceedings as being void for lack of parent's consent. Held, that the general consent given by …


Appeal And Error - Bad Faith Of Counsel As A Basis For Granting A New Trial Where Fact That Defendant Was Insured Was Brought To Attention Of Jury, Raymond H. Rapaport Feb 1941

Appeal And Error - Bad Faith Of Counsel As A Basis For Granting A New Trial Where Fact That Defendant Was Insured Was Brought To Attention Of Jury, Raymond H. Rapaport

Michigan Law Review

It is generally agreed that the jury in a personal injury action should not be informed that the defendant is covered by indemnity insurance. The reasons for the rule are that the matter of insurance is irrelevant, and that the exposition of its existence is prejudicial. The jury is likely to grant more and larger verdicts for the plaintiff when it is known that an insurance company, rather than the individual defendant being tried, will have to pay the judgment. However, the fact that the defendant is insured reaches the jury in a multitude of ways. While direct evidence of …