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

Law Commons

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

Articles 1 - 30 of 37

Full-Text Articles in Law

Torts-Family Relationship-Child's Right To Recover For Enticement Of Parent From Home, William H. Lowery Dec 1949

Torts-Family Relationship-Child's Right To Recover For Enticement Of Parent From Home, William H. Lowery

Michigan Law Review

Plaintiff, a six year old girl, sued to recover damages alleged to have been sustained as a result of defendant's enticing her mother from the family home. Plaintiff contended that as a child and member of the family she had a legally protected right to maintenance of the family relationship. Defendant answered that no tort had been committed, since no right in the plaintiff was recognized at common law and that to recognize such a right would amount to judicial legislation. From a judgment in favor of plaintiff, defendant appealed. Held, affirmed. Allowing a child a right of action …


Interracial Marriage: A Survey Of Statutes And Their Interpretations, Edward T. Wright Dec 1949

Interracial Marriage: A Survey Of Statutes And Their Interpretations, Edward T. Wright

Mercer Law Review

Laws prohibiting interracial marriages and interpretations of such laws have caused much confusion for lawyers, law students, and sociologists. Most discussion concerning this subject is based purely upon hearsay without reference to statutes or cases. A survey of the statutes prohibiting interracial marriages and decisions interpreting those statutes and a study of the effect of violating such statutes should aid in clarification. Only by understanding the present policy of the states and the reasons for such policy is it possible to make any intelligent speculation as to the future of this phase of the law.


The Present Status Of Connivance As A Defense To Divorce, Robert B. Deen Jr. Dec 1949

The Present Status Of Connivance As A Defense To Divorce, Robert B. Deen Jr.

Vanderbilt Law Review

The four usual defenses raised to bar actions for divorce are connivance, collusion, condonation, and recrimination. Connivance is ordinarily defined as consent to the misconduct alleged as grounds for divorce.' It differs from collusion in that there are present actual grounds for divorce, rather than fictitious causes or concealed defenses; from condonation in that consent is given before the misconduct occurs, not forgiveness afterwards; from recrimination in that it has to do with the very grounds on which the plaintiff sues, not some other act of misconduct.


Divorce-Separation For Statutory Period As A Ground Of Divorce Regardless Of Fault, William R. Hewitt S.Ed. Nov 1949

Divorce-Separation For Statutory Period As A Ground Of Divorce Regardless Of Fault, William R. Hewitt S.Ed.

Michigan Law Review

H sued W for a divorce on the statutory grounds that the parties had lived apart without cohabitation for ten years. The facts showed that the separation was caused by the willful abandonment of W by H and that H had lived in adultery after the separation and had not contributed to W's support since the separation. The trial court denied the divorce. On appeal, held, reversed. Where H and W have lived apart for the statutory period without cohabitation, H was entitled to the divorce regardless of the cause of the original separation and regardless of his …


Child's Right Of Action For Prenatal Injuries Oct 1949

Child's Right Of Action For Prenatal Injuries

Indiana Law Journal

Recent Cases: Torts


Mistake Of Law As To Validity Of Ex Parte Divorce As A Defense To Bigamy Oct 1949

Mistake Of Law As To Validity Of Ex Parte Divorce As A Defense To Bigamy

Indiana Law Journal

Recent Cases: Divorce


Collateral Attack On Divorce By Third Parties Sep 1949

Collateral Attack On Divorce By Third Parties

Washington and Lee Law Review

No abstract provided.


Domestic Relations-Lability Of Husband, After Annulment Of Marriage, For Personal Injuries Inflicted On Wife During Coverture Sep 1949

Domestic Relations-Lability Of Husband, After Annulment Of Marriage, For Personal Injuries Inflicted On Wife During Coverture

Washington and Lee Law Review

No abstract provided.


Insurance-Effect Of Liability Insurance On Parent's Immunity From Tort Liability To Child Sep 1949

Insurance-Effect Of Liability Insurance On Parent's Immunity From Tort Liability To Child

Washington and Lee Law Review

No abstract provided.


Domestic Relations-Liability Of Estate Of Deceased Husband For Support Of Children Under Divorce Decree Sep 1949

Domestic Relations-Liability Of Estate Of Deceased Husband For Support Of Children Under Divorce Decree

Washington and Lee Law Review

No abstract provided.


The Uniform Divorce Recognition Act, Sections 20 And 31 Of The Divorce Act Of 1949, Harold Marsh Jr. Aug 1949

The Uniform Divorce Recognition Act, Sections 20 And 31 Of The Divorce Act Of 1949, Harold Marsh Jr.

Washington Law Review

How can a state prevent its domiciliaries from obtaining migratory divorce decrees? What effect should be given to such a decree if, despite attempts to prevent the practice, some citizens nevertheless persist in obtaining such divorces? What effect must be given to it under the full faith and credit clause of the federal Constitution? No answer has been given to these questions which has not aroused vocal and widespread dissent. The Commissioners on Uniform State Laws have recently promulgated a proposed Uniform Divorce Recognition Act to deal with this problem, and the state of Washington has become the first state …


Conflict Of Laws-Domicile Of Child Living With Mother, Charles E. Becraft S.Ed. Jun 1949

Conflict Of Laws-Domicile Of Child Living With Mother, Charles E. Becraft S.Ed.

Michigan Law Review

Plaintiff and defendant, husband and wife, were domiciled in New York. Because of temporary unemployment, plaintiff took his wife and minor child to Connecticut. He later returned to New York and resided in the apartment the family had formerly occupied. The wife and child did not return to New York, and the court found that she had at all times intended to remain in Connecticut and establish a domicile there. Plaintiff at all times intended to make New York his permanent residence. When defendant would not return to New York, plaintiff brought action for separation in a New York court, …


Divorce--Condonation--Two Acts Of Coition Plus Conciliatory Letter As Condonation For Cruelty, J. F. S. Jr. Jun 1949

Divorce--Condonation--Two Acts Of Coition Plus Conciliatory Letter As Condonation For Cruelty, J. F. S. Jr.

West Virginia Law Review

No abstract provided.


Coming Into Equity With Clean Hands, Zechariah Chafee, Jr. Jun 1949

Coming Into Equity With Clean Hands, Zechariah Chafee, Jr.

Michigan Law Review

The preceding article proposed to examine eighteen differing groups of cases which are commonly supposed to present the clean hands doctrine as a maxim of equity, and then proceeded to consider eight such groups. Ten groups still require attention. The first five of those already considered fell within the exclusive jurisdiction of equity, and the next three within the concurrent jurisdiction, which is continued for a considerable part of the present article. After discussing suits for specific performance of unfair contracts and of illegal contracts, I dealt with miscellaneous tort suits by a person charged with crime. We now turn …


Equity-Divorce And Separation-Wife's Agreement Not To Claim Alimony As Defense To Later Action For Arrears, Melvin J. Spencer May 1949

Equity-Divorce And Separation-Wife's Agreement Not To Claim Alimony As Defense To Later Action For Arrears, Melvin J. Spencer

Michigan Law Review

In a prior action against H for separate maintenance, W was awarded custody of their children and monthly maintenance of $50. She later lived openly with X, adopted his name, and had a child by him. Some of the children left W during their minority and lived with H. The maintenance payments were discontinued when W told H that she would no longer receive them. Four years after payments ceased, W unsuccessfully moved the federal district court to adjudge H guilty of contempt and to award her a money judgment for the past-due installments. Held, judgment for …


Adoption - Right Of Inheritance In Absence Of Legal Adoption-Specific Performance Of Contract To Adopt And Other Remedies, James C. Mordy May 1949

Adoption - Right Of Inheritance In Absence Of Legal Adoption-Specific Performance Of Contract To Adopt And Other Remedies, James C. Mordy

Michigan Law Review

Adoption was unknown at common law. Modern statutes permitting adoption are largely derived from Roman ideas, which were introduced into this country first through the civil law of Louisiana and later by statutes, beginning with Massachusetts in 1851.

Under the English common law, the only persons capable of inheriting property were blood relations of the deceased. On the other hand, most modern adoption statutes permit inheritance by adopted children equally with natural children. Adoption being purely statutory, the early cases denied the right of inheritance by supposedly adopted children when the statute was not strictly followed. Though still purporting to …


The Divorce Law Of 1949, Roberta Kaiser May 1949

The Divorce Law Of 1949, Roberta Kaiser

Washington Law Review

A subcommittee of the state bar's Legislative Committee was appointed to study all sections of our divorce law, with a view to recommending changes to the state legislature if such study should show that amendments were desirable. The results of that study have been twice reported in this journal. The committee's work resulted in a number of specific recommendations, and later a bill was drafted and submitted to the 1949 legislature, where it was passed without substantial amendment. Approved by the Governor March I9, it will become effective June 9, 1949. Chapter 215, Laws of 1949, is a complete recodification, …


Adoption In Virginia, Donald H. Sandie May 1949

Adoption In Virginia, Donald H. Sandie

William and Mary Review of Virginia Law

No abstract provided.


Gift Taxability Of Divorce Settlements Apr 1949

Gift Taxability Of Divorce Settlements

Indiana Law Journal

No abstract provided.


Illegal Conditions And Limitations: Effect Of Illegality, Olin L. Browder, Jr Apr 1949

Illegal Conditions And Limitations: Effect Of Illegality, Olin L. Browder, Jr

Michigan Law Review

IN earlier articles the writer undertook to explore that miscellaneous and somewhat neglected field of law in which public policy is held to nullify the efforts of persons to impose certain types of conditions and limitations on dispositions of their property.' Such provisions most commonly take the form either of conditions subsequent or executory limitations, but occasionally appear as conditions precedent or special limitations. Unlike provisions which run afoul of the rule against perpetuities or the rules against restraints on alienation, the provisions in question usually prescribe conduct on the part of beneficiaries which is not directly related to the …


Conflict Of Laws-Jurisdictional Basis For Awarding Custody Of Minor Child, Charles E. Becraft S. Ed. Mar 1949

Conflict Of Laws-Jurisdictional Basis For Awarding Custody Of Minor Child, Charles E. Becraft S. Ed.

Michigan Law Review

Plaintiff and his wife, domiciliaries of California, separated June 3, 1946. On Oct. 25, 1946, the wife took the minor child of the marriage to Nevada where she commenced proceedings to obtain a divorce. On Feb. 4, 1947, a final decree awarded her a divorce and custody of the child. She remarried and moved to Utah where she and the child have lived ever since. On Jan. 2, 1947, the plaintiff filed a petition in California asking for a divorce and custody of the child. On July 8, 1947, plaintiff applied for an order pendente lite to award him custody …


Taxation-Income Tax-Deductions For Alimony Payments Made Under Voluntary Agreement Of Separation, William R. Hewitt S. Ed. Mar 1949

Taxation-Income Tax-Deductions For Alimony Payments Made Under Voluntary Agreement Of Separation, William R. Hewitt S. Ed.

Michigan Law Review

Taxpayer and his wife voluntarily entered into a written agreement of separation. Pursuant to the agreement, taxpayer made periodic payments to his wife in discharge of his legal obligation of support. In his income tax return for 1943, taxpayer took the amount of tlie payments made for that year as a deduction from gross income under the authority of section 23(u) of the Internal Revenue Code. The commissioner disallowed the deduction and determined a tax deficiency. Upon petition to the Tax Court for a redetermination of the deficiency, the commissioner was upheld. On appeal, held, affirmed. Only alimony payments …


Foreword, Mayo A. Shattuck Feb 1949

Foreword, Mayo A. Shattuck

Vanderbilt Law Review

In order to get a proper measure of modern Estate Planning I think it may be useful to consider, very briefly, some aspects of its history. The family trust was born into our jurisprudence in an environment which had been moulded in that solid and immovable pyramid called feudalism. In that social order there was nothing of imaginative elasticity. Lateral allegiances or entanglements were as little known as lateral movements. All lines of authority moved from the top; all discharges of duties were rendered vertically to the liege lord next above. As with human relationships so also with property. The …


Taxation-Income Tax-Validity Of Family Partnership Where Partner's Services Are To Be Performed In Future, Daniel W. Reddin, Iii S.Ed. Feb 1949

Taxation-Income Tax-Validity Of Family Partnership Where Partner's Services Are To Be Performed In Future, Daniel W. Reddin, Iii S.Ed.

Michigan Law Review

In 1939, petitioner sold certain ranch properties and half of his herd of blooded cattle to his four sons, accepting their notes in return. A firm consisting of petitioner and his sons was then formed, and a bank account was opened upon which any of the members of the firm could draw. Two of the sons were minors, but all were ranch-reared and experienced in cattle raising. The sons paid part of the notes with their shares in the proceeds from firm sales, and petitioner forgave the rest. Military duty disrupted the plan by which all the sons were to …


Conflict Of Laws-Application Of Estoppel To Invalid Divorces-Mexican "Mail Order" Divorce, Charles E. Becraft S.Ed. Feb 1949

Conflict Of Laws-Application Of Estoppel To Invalid Divorces-Mexican "Mail Order" Divorce, Charles E. Becraft S.Ed.

Michigan Law Review

Plaintiff and defendant, who wished to marry, persuaded defendant's wife to agree to a Mexican "mail order" divorce. The spouses executed and delivered powers of attorney to counsel residing in Mexico, where a divorce was granted and the decree mailed back to New York. Neither of the parties went to Mexico, nor did the decree of the Mexican court recite presence or domicile of either spouse. Upon learning that the decree had been granted, plaintiff and defendant were married in Virginia and then returned to New York, their state of domicile. In 1946, the plaintiff commenced this action, asking for …


Future Interests-Construction Of "Surviving" In Substitutionary Gift Of Remainder, J. R. Mackenzie S.Ed. Feb 1949

Future Interests-Construction Of "Surviving" In Substitutionary Gift Of Remainder, J. R. Mackenzie S.Ed.

Michigan Law Review

Testator's will provided that his property should go to his wife W for life, then in equal shares to his sister A and his brothers B and C. The language used was appropriate to create vested remainders in A, B and C. The will then provided, "And in case of the death of my said sister or either of my said brothers before the death of my said wife, the share that he or she would have taken shall be divided equally between his or her surviving children, by right of representation." A and B died before testator; …


Family Partnership V. Corporation -- Income Tax Aspects, Bruce Mcclain Feb 1949

Family Partnership V. Corporation -- Income Tax Aspects, Bruce Mcclain

Vanderbilt Law Review

At the outset, it must be emphasized that a decision as to the more desirable mode of doing business should never be based solely upon tax considerations. In every instance, the following legal and practical advantages of transacting business as a corporation must always be borne in mind: (1) Limited Liability. The liability of a stockholder for the debts of the corporation is limited to his investment in its stock, while all of the property bf a general partner is subject to the claims of the firm's creditors, if its assets are insufficient to satisfy such claims in full. (2) …


Constructive Desertion In Maryland, Herbert Myerberg Jan 1949

Constructive Desertion In Maryland, Herbert Myerberg

Maryland Law Review

No abstract provided.


Further On Whether A Spendthrift Trust May Be Reached For Alimony Or Support - Safe Deposit & Trust Co. Of Baltimore V. Robertson Jan 1949

Further On Whether A Spendthrift Trust May Be Reached For Alimony Or Support - Safe Deposit & Trust Co. Of Baltimore V. Robertson

Maryland Law Review

No abstract provided.


"Child Marriages" In Kentucky, John R. Gillespie Jan 1949

"Child Marriages" In Kentucky, John R. Gillespie

Kentucky Law Journal

No abstract provided.