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Articles 481 - 510 of 614

Full-Text Articles in Family Law

Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart Dec 1936

Evidence -- Competency Of Wife To Testify Against Husband--Rules Of Evidence In Federal Court, Philip A. Hart

Michigan Law Review

The defendant was convicted of transporting a female in interstate commerce for immoral purposes. Over the defendant's objection the trial court permitted testimony against him to be given by the defendant's wife. This ruling he assigned as error but held a wife is competent as a witness against her husband. Yoder v. United States, (C. C. A. 10th, 1935) 80 F. (2d) 665.

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Trusts - Restraints On Alienation - Ability Of A Divorced Wife To Reach The Corpus Of A Spendthrift Trust For Alimony Claim Jun 1936

Trusts - Restraints On Alienation - Ability Of A Divorced Wife To Reach The Corpus Of A Spendthrift Trust For Alimony Claim

Michigan Law Review

Testator placed the residue of his estate in trust, and, after making provision as to one-third of the principal and income for his widow, left the remaining two-thirds to his children, or their children by right of representation, the net annual income to be paid to them in convenient installments for twenty years after his death, the principal share of each to be transferred in four as nearly equal installments as possible at five-year intervals. By a codicil, executed after plaintiff, the wife of one of testator's sons, had announced her intention of securing a divorce, it was provided that …

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Attack On Decrees Of Divorce, Albert C. Jacobs May 1936

Attack On Decrees Of Divorce, Albert C. Jacobs

Michigan Law Review

Hitherto we have been concerned with the extent to which a decree is impeachable at the suit of one of the so-called "contestants" to the divorce litigation. But other parties, second spouses, children, personal representatives, grantees of a divorced party, and other third persons, may be affected; they may desire to question its efficacy. Are they controlled by the same principles of attack which govern the divorce litigants? Do these third persons all stand in the same position when they seek to assail the decree?

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Attack On Decrees Of Divorce, Albert C. Jacobs Apr 1936

Attack On Decrees Of Divorce, Albert C. Jacobs

Michigan Law Review

This paper deals with attacks on decrees of divorce. The attack may arise in the state of the divorce or elsewhere. F-1 is used to designate the state in which the divorce was granted; F-2 a state other than that in which the decree in' question was rendered. The attack in F-1 may be on purely local or non-jurisdictional grounds, such as fraud, collusion, duress or perjury, or upon the ground that the proper jurisdictional requirements were lacking. The attack in F-2 will generally be on jurisdictional grounds, though in certain situations a decree has been impeached for non-jurisdictional factors. …

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Evidence-Alienation Of Affections-Wife's Testimony As To Statements Made To Her By Alienated Husband Concerning Defendant Apr 1936

Evidence-Alienation Of Affections-Wife's Testimony As To Statements Made To Her By Alienated Husband Concerning Defendant

Michigan Law Review

In a suit for alienation of husband's affections, plaintiff testified as to certain statements made by her husband in the absence of the defendant. These statement purported to be repetitions of statements made by the defendant to plaintiff's husband. Defendant objected to the admission of this testimony on the ground that it was hearsay. The court held that the testimony was admissible, not to prove the truth of the facts, words, or conduct embodied in the statements and chargeable to the defendant, but to show the husband's state of mind toward the plaintiff. Richards v. Lorleberg, (App. D. C. …

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Taxation-Federal Income Tax-Taxation To Settlor Of Income From Trust Established To Discharge A Legal Obligation Jan 1936

Taxation-Federal Income Tax-Taxation To Settlor Of Income From Trust Established To Discharge A Legal Obligation

Michigan Law Review

Shortly before the entering of a decree of absolute divorce in favor of his wife, a husband agreed to transfer securities in trust for the wife's benefit in lieu of alimony and all other claims. The divorce decree incorporated the trust agreement. On certiorari to the Circuit Court of Appeals for the Eighth Circuit, which had sustained a tax against the settlor on the income of the trust estate on the ground that it discharged a legal obligation, the Supreme Court of the United States affirmed the judgment. After disposing of the argument that the trust was entirely voluntary since …

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Subrogation-Rights Of Ward In Security For Debt Of Guardian Discharged By Diverted Fund Jan 1936

Subrogation-Rights Of Ward In Security For Debt Of Guardian Discharged By Diverted Fund

Michigan Law Review

S, guardian for some minor children, used $ 1200 of their money without order of court for the discharge of a mortgage on land belonging equally to himself and the wards. Plaintiff, obtaining a judgment against S, levied on his apparent half-interest in the land and purchased it at the execution sale for the balance due on the judgment. In partition proceedings the wards set up the unauthorized use of their money and claimed a lien for $600 on plaintiff's interest. Held, since the plaintiff gave no consideration except the satisfaction of an antecedent debt, it is …

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Evidence-Privilege-Husband And Wife-Attorney And Client Jan 1936

Evidence-Privilege-Husband And Wife-Attorney And Client

Michigan Law Review

A husband and wife are involved in marital difficulties. Together they consult an attorney in an effort to compromise their dispute, or failing in that, to arrange a property settlement prior to separation or divorce. Such a joint consultation may be for any one of a variety of purposes. In a later action, for divorce or separate maintenance for example, the question arises whether either the attorney or one of the spouses can disclose words spoken by the other spouse in the consultation. For instance, can the attorney or the husband disclose the wife's admission of adultery?

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Legislative Attack On "Heart Balm", Nathan P. Feinsinger May 1935

Legislative Attack On "Heart Balm", Nathan P. Feinsinger

Michigan Law Review

Public resentment over the abuses incident to "heart balm" suits has recently culminated in sweeping legislative reform. Through the repeated efforts of a woman legislator, Indiana has abolished actions for seduction of females over twenty-one years of age, for breach of promise to marry, and for criminal conversation and alienation of affections. Almost immediately New York, and shortly thereafter Illinois, passed similar legislation, and at least ten other states are now considering analogous proposals.

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Domestic Relations-Right Of Wife To Consortium-Negligent Injury To Husband May 1935

Domestic Relations-Right Of Wife To Consortium-Negligent Injury To Husband

Michigan Law Review

Plaintiff sued for loss of the opportunity to bear children by her husband resulting from his emasculation caused by defendant's negligence. The court below dismissed the complaint. Held (one judge dissenting), judgment affirmed. Such a cause of action has never been recognized. It cannot be said that the wrong is the proximate cause of the loss because of the many elements of doubt and conjecture in connection with the birth of children. Landwehr v. Barbas, 24I App. Div. 769, 270 N. Y. S. 534 (I934).

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Wills - Revocation By Change Of Circumstances Feb 1935

Wills - Revocation By Change Of Circumstances

Michigan Law Review

The testator executed his will providing that a termination of the marriage relation would make the provisions for his wife null and void. Subsequently, they separated, and, in anticipation of a divorce they agreed upon and carried into effect a property settlement providing that the wife should receive certain real estate, stock, and money in consideration of her surrender of all her rights of dower, alimony, and claims of support. A short time thereafter the wife sued for a divorce, but the action was discontinued when, in accordance with the testator's wishes, she went to live with him until his …

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Conflict Of Laws - Foreign Marriage - Dower Jan 1935

Conflict Of Laws - Foreign Marriage - Dower

Michigan Law Review

Plaintiff was divorced in the District of Columbia on the ground of her adultery with defendant's intestate. A statute of the District provided that the innocent party only may remarry. With no intention of evading the statute, plaintiff and defendant's intestate established a domicil in Florida and were there married. On the death of the latter in the District of Columbia, plaintiff claimed a dower interest in real estate located there. Held, plaintiff can recover. Loughran v. Loughran, 292 U. S. 216, 54 Sup. Ct. 684 (1934), reversing Loughran v. Loughran, (App. D. C. 1933) 66 F. …

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Domestic Relations - Infants - Right Of Insurer To Deduct For Protection Furnished On Infants Disaffirmance Of Policy Jan 1935

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) …

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Evidence - Federal Practice - Competency Of Wife To Testify In Defense Of Husband In Criminal Case Dec 1934

Evidence - Federal Practice - Competency Of Wife To Testify In Defense Of Husband In Criminal Case

Michigan Law Review

The defendant, being tried in a federal district court on an indictment for conspiracy to violate the prohibition law, offered his wife as a witness in his behalf. The district court, following what it concluded to be the established rule of the federal courts, refused to allow her to testify. The circuit court of appeals affirmed this ruling without discussing the point. Certiorari was granted by the Supreme Court, limited to the question as to what law was applicable in determining the competency of the wife. Held, that the federal courts have the power to determine for themselves the …

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Limitation Of Actions-Husband And Wife-Suspension Of The Statute Of Limitations During Coverture Nov 1934

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 …

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Actions-Declaratory Judgments-Jurisdiction To Grant Jun 1934

Actions-Declaratory Judgments-Jurisdiction To Grant

Michigan Law Review

A will was duly probated in the county court. By it the plaintiff and defendant were appointed guardians of the testator's minor children. The guardians did not get along together, and could not agree as to how the funds of their wards should be invested. Finally, proceedings were properly brought in the county court to have questions concerning the care of the funds settled. While such proceedings were pending, the plaintiff, evidently not content to have the difficulty settled in this manner, brought an equity suit in the district court against her co-guardian under the Declaratory Judgments Act, in which …

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Conflict Of Laws-Foreign Marriage-Dower May 1934

Conflict Of Laws-Foreign Marriage-Dower

Michigan Law Review

Plaintiff was divorced a vinculo matrimonii in the District of Columbia on the grounds of her adultery with defendant who was made co-respondent in the suit. A statute of the district provided that the innocent party only may remarry. Plaintiff married defendant in Florida and later secured a divorce a mensa et thoro from defendant in Virginia. On the death of defendant in the District of Columbia, plaintiff claimed a dower interest in his estate. Held, plaintiff cannot recover. Loughran v. Loughran, (App. D. C. 1933) 66 F. (2d) 567.

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Evidence - Admissibility Of Blood-Group Test May 1934

Evidence - Admissibility Of Blood-Group Test

Michigan Law Review

The old axiom, "blood will tell," has been given a new lease on life by the work of biochemists and hereditists in the last thirty years. At the beginning of the twentieth century a scientist, Karl Landsteiner, working on the means to make blood transfusions safe, discovered that the New Testament saying, the Almighty "hath made of one blood all nations of men," is not true. He found that human blood is divided into four groups, characterized by the possession or non-possession of certain substances in the serum and the corpuscles of the blood. If one puts a little blood …

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Divorce - Alimony - Modification Of Decree - Impairment Of Obligation Of Contracts Mar 1934

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 …

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Negligence-"Family Automobile" Doctrine Applied To Motorboat Nov 1932

Negligence-"Family Automobile" Doctrine Applied To Motorboat

Michigan Law Review

Plaintiff, while riding as a guest in a motorboat owned and maintained by defendant for the pleasure of his family, sustained injuries caused by the alleged negligence of the operator, defendant's son. In an action brought for damages arising out of said injuries, Felcyn v. Gamble, et al., the order sustaining demurrer interposed by defendant was affirmed, the "family automobile" doctrine being declared inapplicable.

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Wills - Legacies On Impossible Or Illegal Conditions Precedent May 1932

Wills - Legacies On Impossible Or Illegal Conditions Precedent

Michigan Law Review

If a devise of realty be upon a condition subsequent which is impossible of performance or which is illegal as being malum prohibitum, it is generally held that the condition is void, but the devise is free and single. In this respect the law pertaining to legacies upon condition materially agrees with that upon devises of realty. But perhaps one of the most unusual distinctions drawn in the law of property is that which is drawn between an illegal or an impossible condition precedent to a legacy of personalty and an illegal or an impossible condition precedent to a …

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Matrimonial Domicil And Marital Rights In Movables, Arthur Leon Harding Apr 1932

Matrimonial Domicil And Marital Rights In Movables, Arthur Leon Harding

Michigan Law Review

The American decisions in Conflicts of Laws relating to the rights acquired by one spouse in the property of the other by virtue of the fact of marriage stand as a monument to Joseph Story . Almost without exception the cases discussed hereafter have been decided on the basis of his thorough analysis of the law of the Pandects and the eighteenth century civilians. Even where his principles have not been approved, the courts have departed from them only after real and serious consideration. This fact, kept in mind, greatly simplifies the study of the cases themselves.

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Descent And Distribution - Issue Of Void Miscegenous Marriage As Heirs Under Legitimation Statute Mar 1932

Descent And Distribution - Issue Of Void Miscegenous Marriage As Heirs Under Legitimation Statute

Michigan Law Review

An Indian married a negress in Oklahoma. The proper forms were observed, the parties acted in good faith, and thereafter lived together as husband and wife. Children were born to them. The marriage was absolutely void under an Oklahoma statute prohibiting such miscegenation and making it a felony. On the father's death intestate, the guardian of the children petitioned for letters of administration. Held, that under Okla. Comp. Stat. 1921, sec. I 1303, reading, "The issue of all marriages null in law . . . are legitimate," the children of the void marriage took as heirs, and the petition …

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Crimes-Larceny-By Wife From Husband Feb 1932

Crimes-Larceny-By Wife From Husband

Michigan Law Review

A wife was convicted of larceny of her husband's property. Upon appeal from an order denying a new trial, held that the order be reversed: The Married Woman's Act, reading, "every married woman shall receive the same protection of all her rights as a woman which her husband does as a man," does not so change the common law unity of spouses that a wife stealing from her husband is included under the comprehensive terms of the larceny statute. State v. Arnold, 182 Minn. 313, 235 N.W. 373 (1931).

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Conflict Of Laws - Remarriage After Divorce Jan 1932

Conflict Of Laws - Remarriage After Divorce

Michigan Law Review

H obtained a divorce in Alabama under a statute prohibiting remarriage without. permission of the court. He remarried in Tennessee, where the statute prohibited remarriage during the life of the other spouse. Held, the Tennessee law applied to divorces obtained in that state only. In the absence of express words. to that effect, the Alabama statute had no extra-territorial effect; and the marriage, valid where performed, was valid everywhere. Smith v. Goldsmith, (Ala. 1931) 134 So. 651. H secured a divorce in Vermont under a statute declaring void any remarriage within three years, either within or without the …

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Conflict Of Laws - Jurisdiction On Service By Publication In A Suit For Maintenance Dec 1931

Conflict Of Laws - Jurisdiction On Service By Publication In A Suit For Maintenance

Michigan Law Review

A wife whose matrimonial domicil was in Washington, D. C., moved to Reno, Nevada, and there obtained a decree of divorce. Nine years later she filed a bill in the supreme court of the District of Columbia asking that the Nevada decree of divorce be declared void on the ground that she was induced to secure it by fraud and coercion; that a decree be entered requiring defendant to provide "maintenance and support"; and that his property within the jurisdiction of the court be sequestered to insure payment of the same. Sections 70 and 75 of title 14, Code D. …

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Divorce - Domicil - Recognition Of Foreign Decrees, Florence K. Frankel Dec 1931

Divorce - Domicil - Recognition Of Foreign Decrees, Florence K. Frankel

Michigan Law Review

The New York Court of Appeals has re-emphasized some well-established principles of divorce jurisdiction in the recent case of Fischer v. Fischer. In a suit involving the validity of a second marriage, W proved a Nevada divorce from her first husband, a citizen of New York, who had been served in New York but had not appeared to defend the litigation. The court denied recognition to the Nevada decree because W's residence in Nevada, while it conformed with the statutory requirements of that forum, was proved to have been acquired solely for the purpose of securing a divorce. The …

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Evidence - Privileged Communication Dec 1931

Evidence - Privileged Communication

Michigan Law Review

In a suit for divorce on the ground of adultery, a Luthern clergyman refused to testify concerning a disclosure made to him in his religious capacity by the defendant husband, on the ground that it was a privileged communication under the Minnesota statute. The district court adjudged him in contempt of court. Upon certiorari to the supreme court of Minnesota, held, the communication was privileged, and the order was reversed. In re Swenson (Minn. 1931) 237 N.W. 589.

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Husband And Wife--Actions--Tort Of Husband Affecting Wife's Property Nov 1931

Husband And Wife--Actions--Tort Of Husband Affecting Wife's Property

Michigan Law Review

The recent case of Ralston v. Ralston presents the question: What kind of conduct on the part of the husband will be construed as a tort to the wife's separate property so as to entitle her to sue her husband? In that case the parties were living apart under a deed of separation, executed in 1899. The alleged defamatory words, the action being libel, were contained in an inscription (referring to another woman) on a tombstone, erected by the defendant husband, which read: "In loving memory of Jennie, the dearly beloved wife of W. R. C. Ralston . . . …

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Conflict Of Laws-Recognition Of Foreign Alimony Decree Jun 1931

Conflict Of Laws-Recognition Of Foreign Alimony Decree

Michigan Law Review

In 1928, a New York court ordered D, who was suing for annulment of his marriage, to pay alimony pendente lite and attorney's fees to W. This judgment had remained unsatisfied. W, in 1931, brought a bill in equity in Massachusetts asking that D, now a resident of Massachusetts, be ordered to pay the amount due on the judgment. Held, although the local statute (Gen. L., c. 209, sec. 6) did not permit suits at law between husband and wife, that mere circumstance was not sufficient grounds for granting equitable relief on the ground of the inadequacy of the …

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