Civil Law Commons^™

Introduction, Thomas L. Shaffer

Journal Articles

This symposium abounds with learning and insight, but one should not overlook the fact that its purposes and its effect are revolution. Institutional confinement of the "mentally ill" in America is a massive social failure and a festering evil. These authors lawyers, social scientists, scholars, psychiatrists, and students have a target in their sights, and they are not out primarily to analyze the target; they are out to destroy it.

Compulsory Conciliation For New York, Willaim Burns Lawless

Journal Articles

It has been proposed that a state commission to study matrimonial statutes be created in New York. While this proposal has merit, New York state should in any event adopt legal procedures requiring compulsory conciliation where parties to a marriage undertake formal proceedings for legal separation or divorce.

Perhaps the most remarkable progress in this direction has been made in California and in Wisconsin, and we believe the experiences of these two states provide a helpful pattern for new procedures in New York. We think that New York law dealing with conciliation in marriage must be amended and strengthened if …

Note, Annulment Proceedings For Non-Age, William Burns Lawless

Journal Articles

In England, the ecclesiastical courts assumed jurisdiction to decree the annulment of the marriages of infants who were below the age of consent. In this country, such courts did not exist. Hence, at an early date, courts of equity assumed jurisdiction; at the present writing, such jurisdiction is controlled locally by statutory enactment.

At common law the right to annul the marriage on the ground of non-age extended to the parties only. The United States has generally adopted the English view—with the exception of two states: New York and Oklahoma.

Study In Special Findings Of Facts And Conclusions Of Law, Francis Joseph Vurpillat

Journal Articles

These findings of fact and conclusions of law were prepared and filed by the writer as Judge of the Starke Circuit Court of Indiana, in the case of Friebe vs. Elder etl al. A new trial as of right was immediately granted the plaintiff under the statute directing the trial court to grant a new trial without cause, upon the filing of the application and bond by the aggrieved party. A special judge tried the case anew and filed substantially the same findings and conclusions. From the second judgment the case was appealed to the Appellate Court of Indiana and …