Family Law Commons^™

Contracts For Religious Education Of Children, Jack F. Smith

Cleveland State Law Review

The courts of the United States almost uniformly hold that the parent having custody of a child or children can select the religious faith to be taught to the child or children, even though they may have previously promised to rear the child or children in a particular faith.

Abstracts Of Recent Cases, T. E. P.

West Virginia Law Review

No abstract provided.

Annulment Of Marriages: An Analysis Of Indiana Law

Indiana Law Journal

No abstract provided.

Common Law Marriage-A Legal Anachronism

Indiana Law Journal

No abstract provided.

Family Responsibility In Tort, William J. Harbison

Vanderbilt Law Review

At common law an unmarried woman occupied no special status as far as tort liability was concerned, and the same rules and standards of responsibility applied to her as to society generally. Since marriage imposed upon a woman a very extensive disability, however, there developed a number of special rules concerning tort responsibility of the married woman.

Marriage did not impose upon the wife any special or peculiar liability for wrongful acts committed by her husband at common law, and, except in certain instances hereafter noted, she is not thus liable today. It is true that since the enactment of …

Wills - Revocation By Change In Circumstances - Effect Of A Separation And Property Settlement Agreement, Paul R. Haerle

Michigan Law Review

Testator's will, executed in 1944, named his wife executrix and sole devisee. One month before his death in 1952 he entered into a detailed separation and property settlement agreement with her in which, though not referring directly to the will, the wife released any present, future or after-acquired interest in the same realty as was devised in the will. The widow's offering of the will for probate was contested by the heirs. The lower court directed a verdict for the contestants on the ground that the agreement operated to revoke the will. On appeal, held, reversed. Since neither a …

Misapplication Of The Parens Patriae Power In Delinquency Proceedings

Indiana Law Journal

No abstract provided.

Recent Cases, Law Review Staff

Vanderbilt Law Review

Contracts--Ceiling Price Legislation--Effect upon Performance

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Evidence--Declarations against Interest--Third-Party Confessions

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Family Law--Loss of Consortium of the Parent--Right of Child to Recover Against a Negligent Defendant

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Federal Procedure--Statutory Construction--Meaning of "Mentally Incompetent"

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Income Taxation--Surrender of Lease--Capital Gain to Lessee

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Income Taxation--Taxable Stock Dividend--Treasury Stock Held for Investment

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Judgment--Suit to Vacate--Insufficient Allegations of Cruelty Void Divorce Decree

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Labor Law--Filing Requirements--Noncompliance at Time Charges Filed

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Municipal Corporations--Liability for Negligence--Operation of Swimming Pool for Profit

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Process--Constructive Service--Tort Action Arising Without State

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Torts--Res Ipsa Loquitur--Application To Disappearing Airplane

Indiana: Birthplace Of Migratory Divorce, Val Nolan Jr.

Indiana Law Journal

No abstract provided.

Divorce Jurisdiction By Consent Of The Parties--Developments Since Sherrer V. Sherrer

Indiana Law Journal

No abstract provided.

The Doctrine Of Recrimination

Indiana Law Journal

Notes and Comments: Divorce

Withdrawal Of Consent

Indiana Law Journal

Notes and Comments: Adoption

Antenuptial Contracts Concerning Property Settlements, A. E. Funk Jr.

Kentucky Law Journal

No abstract provided.

Husband And Wife Or "Family" Partnerships, Milton Elrod Jr.

Indiana Law Journal

Annual Meeting of the Indiana State Bar Association, Roundtables & Section Meetings, 1944

Is Alimony A Vested Property Right?

Indiana Law Journal

Notes and Comments: Divorce

Husband And Wife-Antenuptial Contracts, B. Bernard Wolson

Michigan Law Review

Prior to the enactment of the statute of uses the wife's dower could not be bargained away. Thus dower constituted a clog upon alienation. Antenuptial contracts therefore were not recognized. However, with the passing of the statute of uses, jointures came into existence as means of barring dower and making alienation free. Jointures were of two kinds, viz., legal and equitable. As the law developed in England both types were recognized; but as the law developed in the United States, statutes were enacted specifically providing for jointures and antenuptial contracts. Our courts generally considered them as equitable in nature. These …

Marriage And Divorce - Power Of Court To Modify Decree For Alimony Or Property Settlement As Affected By Agreement Of The Parties, Roy L. Rogers

Michigan Law Review

Contracts settling the property interests of a husband and wife or providing for support of the wife or for both of these ends are no doubt valid in all jurisdictions where the parties may contract with each other if the purpose is not to facilitate divorce or future separation. Even at common law, separation agreements could be made, however, through the intervention of a trustee. If not invalid, the contract may ordinarily be enforced in an action on the promise. But, when a divorce is decreed, it is quite often the practice to incorporate in the divorce decree the provisions …

Equity-Personal Rights-Contract Not To Molest Or Annoy Enforced By Injunction

Indiana Law Journal

No abstract provided.

Duress And Fraud As Grounds For The Annulment Of Marriage, Robert C. Brown

Indiana Law Journal

No abstract provided.

Domestic Relations - Infants - Right Of Insurer To Deduct For Protection Furnished On Infants Disaffirmance Of Policy

Michigan Law Review

An infant sued by his next friend to disaffirm a contract of insurance on his own life, in which his mother and sister were named as beneficiaries, and to recover premiums paid. The insurance company claimed the right to deduct for the protection furnished insured during the continuance of the policy, but there was nothing in the record to show what this protection had cost the company. Held, the Chief Justice dissenting, the insured was entitled to recover the full amount paid. Mutual Life Ins. Co. of New York v. Schiavone, (App. D. C. 1934) 71 F. (2d) …

Limitation Of Actions-Husband And Wife-Suspension Of The Statute Of Limitations During Coverture

Michigan Law Review

Plaintiff sued in equity to recover for services rendered to her deceased husband for a period of six years prior to her marriage to him. Defendant, the executor of decedent, contended that she could not recover the portion of her claim which represented wages earned more than six years before a claim w.as filed with the estate. Held, the statute of limitations does not run on the claim of one spouse. against the other during the continuance of the marital state, irrespective of whether the claim arose before or during coverture. Therefore, plaintiff could now recover for the six …

Divorce - Alimony - Modification Of Decree - Impairment Of Obligation Of Contracts

Michigan Law Review

A decree of divorce, following the terms of a prior agreement between the parties, ordered the defendant husband to assign to the plaintiff an insurance policy and pay her $105 per month as long as she remained unmarried. Later, the court upon the defendant's petition reduced the monthly allowance to $90, finding that the defendant's earnings had been diminished and that his remarriage had precipitated new family obligations and debts. Upon appeal of both parties, held, that the court had the power to modify the decree to conform to the changed conditions of the parties, and this modification did …

Domestic Relations-Marriage Of Insane Person Void-Common Law Marriage Presumed

Indiana Law Journal

No abstract provided.

Torts--Interference With Contracts To Marry, August W. Petroplus

West Virginia Law Review

No abstract provided.

Conflict Of Laws-Contracts-Married Woman's Capacity

Michigan Law Review

Defendant, a married woman, domiciled in Idaho, entered into a guaranty contract in California with the plaintiff. In a bankruptcy proceeding brought against her in the district court for Idaho, she denied the validity of the obligation because it was not within the exceptions in Idaho law to the common law disability of a married woman to contract. Under California law the contract was valid. The agreement stipulated that it should be construed according to California law. Held, the capacity of the defendant to enter into the contract is governed by the law of California, the place where it …

Divorce-Award Not Of "Alimony"-Modification

Michigan Law Review

In a divorce decree the court incorporated an agreement of the parties to the effect that the husband should pay to the wife "as permanent alimony the sum of $1,200 per annum, to be paid in monthly installments for the period of the wife's life." Upon remarriage of the wife, the husband filed a bill praying for an order modifying the decree. Held, the original decree was not a decree for alimony, but was an incorporation of an agreement of the parties, and therefore the court lacked power to modify it. Spear v. Spear (Md. 1930) 149 AtI. 468.

Marriage-Annulment For Fraudulent Misrepresentation As To Intent To Cohabit

Michigan Law Review

An interesting problem as to what constitutes fraud sufficient to invalidate a marriage is raised by the recent Illinois case of Bielby v. Bielby. 165 N.E. 231. The husband asked annulment on the ground of the wife's misrepresentation as to her intent to cohabit. The evidence as to the wife's intent and as to whether the marriage was actually consummated was undecisive, the wife testifying that it was and the husband that it was not. However, he did not testify that he had ever requested consummation or that she had ever refused it. It was held there could not …

Breach Of Promise Suits, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.

Divorce Under The Indiana Law, For Abandonment, Cruelty Or Failure To Provide, W. W. Thornton

Indiana Law Journal

No abstract provided.

Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich

Michigan Law Review

It is common these days to speak of marriage as a contract. Not only do we use the term "marriage contract" as meaning a promise to marry in the future, but also to describe the contract or expression of consent by which the parties take each other for husband and wife. The statutes of many of our states declare marriage to be a "civil contract." A moment's thought will show great differences between marriage and the ordinary civil contract. A marriage contract can be contracted only between a man and a woman; it has no validity if one of the …