Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Estates and Trusts (92)
- Constitutional Law (58)
- Property Law and Real Estate (57)
- Torts (55)
- Contracts (54)
-
- Evidence (50)
- Criminal Law (36)
- Jurisdiction (36)
- Bankruptcy Law (34)
- Common Law (33)
- Banking and Finance Law (32)
- Conflict of Laws (32)
- Insurance Law (32)
- State and Local Government Law (32)
- Juvenile Law (31)
- Securities Law (23)
- Law and Society (22)
- Transportation Law (20)
- Tax Law (18)
- Courts (17)
- Labor and Employment Law (15)
- Agency (14)
- Litigation (14)
- Election Law (13)
- Commercial Law (11)
- Comparative and Foreign Law (11)
- Law and Gender (11)
- Legal History (11)
- Keyword
-
- Divorce (55)
- Marriage (44)
- Children (38)
- Families (18)
- Domicile (16)
-
- Parents (16)
- Alimony (15)
- Spouses (15)
- Negligence (11)
- Child custody (9)
- Inheritance (9)
- New York (9)
- Adultery (8)
- Intent (8)
- Wife (8)
- Will (8)
- Adoption (7)
- Child (7)
- Liability (7)
- Child support (6)
- Custody (6)
- Domiciles (6)
- Florida (6)
- Fraud (6)
- Gender and law (6)
- Illegitimate children (6)
- Separation (6)
- Validity (6)
- Women (6)
- Best interests (5)
Articles 211 - 240 of 320
Full-Text Articles in Family Law
Divorce - Alimony - Modification Of Decree - Impairment Of Obligation Of Contracts
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 …
Negligence-"Family Automobile" Doctrine Applied To Motorboat
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.
Wills - Legacies On Impossible Or Illegal Conditions Precedent
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 …
Matrimonial Domicil And Marital Rights In Movables, Arthur Leon Harding
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.
Descent And Distribution - Issue Of Void Miscegenous Marriage As Heirs Under Legitimation Statute
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 …
Crimes-Larceny-By Wife From Husband
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).
Conflict Of Laws - Remarriage After Divorce
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 …
Divorce - Domicil - Recognition Of Foreign Decrees, Florence K. Frankel
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 …
Evidence - Privileged Communication
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.
Conflict Of Laws - Jurisdiction On Service By Publication In A Suit For Maintenance
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. …
Husband And Wife--Actions--Tort Of Husband Affecting Wife's Property
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 . . . …
Conflict Of Laws-Recognition Of Foreign Alimony Decree
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 …
Marriag£-Insanity As Ground For Annulment
Marriag£-Insanity As Ground For Annulment
Michigan Law Review
Complainants sought to annul the marriage of their deceased brother on the ground that defendant, his widow, knowing him to be insane at the time, fraudulently procured the marriage. A statute provided for divorce on the ground, among others, of insanity at the time of marriage. On demurrer, held that the marriage was, under the statute, voidable only, could only be attacked directly in the life-time of the parties, and hence was not subject to collateral attack by the relatives after the death of the incompetent spouse. White v. Williams (Miss. 1931) 132 So. 573.
Husband And Wife-Right Of Wife To Sue Husband For Tort
Husband And Wife-Right Of Wife To Sue Husband For Tort
Michigan Law Review
Plaintiff, an automobile guest resident in Wisconsin, brought action against the driver for personal injuries sustained in Illinois through the driver's negligence. After commencement of the action but before trial the parties intermarried. Held, that by the law of Illinois the cause of action was extinguished because of the legal unity of husband and wife, that the law governing the creation and extent of defendant's liability was the law of Illinois, and the cause of action therefore abated. Buckeye v. Buckeye (Wis. 1931) 234 N.W. 342.
Conflict Of Laws-Contracts-Married Woman's Capacity
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 …
Conflict Of Laws-Renvoi Doctrine
Conflict Of Laws-Renvoi Doctrine
Michigan Law Review
H, an Englishman, married W in England. On separation H acquired a domicil in Germany. A child was thereafter born to Y, a woman with whom H was living in Germany. H subsequently divorced W in Germany and married Y. Whether the child was legitimate determined whether H had validly exercised a power of appointment in an English settlement. Held, legitimacy is to be determined by the law of the domicil, including its rules of private international law. Germany, referring the matter to English law, found a remittance which Germany accepted and applied German municipal law. The child, by …
Crimes-Mistake Of Facts Of A Defense
Crimes-Mistake Of Facts Of A Defense
Michigan Law Review
The defendant was convicted of bigamy under the usual statute (in this case, Fla. Comp, L., 1927, secs. 7559-7660) punishing as bigamous any person remarrying while the former spouse was still living, unless that spouse had been absent three years, the party remarrying not knowing the other to be alive during that time, or unless a legal divorce had been granted. The defense was, that as the defendant's first wife had told him and others that she had secured a divorce and had remarried, and had introduced to him her second husband, he honestly believed her. It was held, …
Marriage--Common-Law Marriage After The Removal Of Impediments Existing At The Time Of The Ceremonial Marriage
Michigan Law Review
An action was instituted for the removal of respondent as administrator of the estate of X, on the ground that the respondent was not the legal husband of the intestate. Both respondent and deceased had living spouses at the time they entered into a ceremonial marriage in 1898, but whether or not they knew of the impediments to the validity of their marriage did not appear on the record. In 1924, the last obstacle to their marriage was removed by the death of respondent's first wife. The parties cohabited for thirty years and continued so to do subsequent to. the …
Parent And Child-Education As A Necessary
Parent And Child-Education As A Necessary
Michigan Law Review
Defendant owned a farm where he and his family lived. He owned a car, paid his bills, and lived as comfortably as the average farmer. He provided piano lessons for his twelve-year old daughter, who showed an aptitude for music and was the pianist, of the neighborhood. For tuning a piano at the request of defendant's wife and daughter, plaintiff recovered a judgment of five dollars, based on a verdict that tuning the piano was a necessary for which defendant was liable. Held, that the amount being easily within the means of the father and the service necessary if …
Divorce-Award Not Of "Alimony"-Modification
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.
Wills-Construction-Right Of Adopted Child To Take Under Provision For Children Of Adoptive Parext
Wills-Construction-Right Of Adopted Child To Take Under Provision For Children Of Adoptive Parext
Michigan Law Review
The trustee under the will sued for a construction of a clause providing for a gift to testator's children. The dispute was between the natural children of the testator and an adopted daughter, who claimed under the clause as one of the "children," though a prior clause gave her $1, naming her as testator's adopted daughter. The Rhode Island statute provided that adopted children be deemed for inheritance purposes the same as if natural children. The court held that the adopted daughter did not take with the natural children under the clause in question. Union Trust Co. v. Campi (R. …
Contribution--Joint Tort-Feasors--Parent Of Minor Plaintiff
Contribution--Joint Tort-Feasors--Parent Of Minor Plaintiff
Michigan Law Review
A, a minor, while riding in an automobile driven by B, his father, sustained injuries in a collision with an automobile driven by C. A sued C, and the latter impleaded B on a cross-complaint for contribution. The jury found the injuries to be the result of the concurring negligence of both defendants. The cross-complaint was dismissed. Held, that since there could be no recovery against the father by his son, no right of contribution existed. Zutter v. O'Connell (Wis. 1930) 229 N.W. 74-
Crimes - Venue- Non-Support, Abandonment, And Desertion
Crimes - Venue- Non-Support, Abandonment, And Desertion
Michigan Law Review
Defendant was divorced by his wife in A county in 1926. In 1929, defendant was indicted for non-support of his children, in B county, where his former wife and the children had maintained their home since the divorce. An objection to the venue was raised by the defense, on the ground that, if a crime was committed, it was consummated in A county, where defendant had been living during the time he was charged with non-support. Held, that "the venue of non-support is where that support should be rendered." State v. Anderson (Or. 1930) 290 Pac. 1904
Divorce - Recrimination As A Defense
Divorce - Recrimination As A Defense
Michigan Law Review
If both parties have a right to divorce, neither party has. This judicial pronouncement, paradoxical and puzzling as it must seem, at least to the lay mind, nevertheless embodies the kernel of the doctrine of recrimination as it is applied in divorce cases by modem courts. One party seeks divorce and proves beyond doubt that he or she is entitled to relief. But, if it is found that the complaining party too, is guilty of conduct for which a divorce may be granted, the court turns a deaf ear to both. For, in the oft quoted words of Chancellor Wallworth, …
Marriage-Validity Of Marriage Terminable At Will Of The Parties Under Soviet Law
Marriage-Validity Of Marriage Terminable At Will Of The Parties Under Soviet Law
Michigan Law Review
Petitioner married the respondent in Moscow, in 1924, the parties being the domiciled in the Soviet Union. By Soviet law a divorce could be secured upon the registration of both parties of their desire to terminate the marriage, or upon the application of one of them to a court which had no discretion but to dissolve the union. The petitioner filed a bill for separation in England, and an issue was directed in the lower court to determine whether the parties had ever been husband and wife. The court held the marriage invalid, but on appeal it was held the …
Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son
Master And Servant-Parent And Child-Liability Of Master When Servant Negligently Injures His Own Son
Michigan Law Review
Plaintiff was injured through the negligence of his father who was employed by the defendant. The parent was acting within the scope of his employment at the time of the injury. Held, plaintiff could recover from his father's employer, even though the child could not have sued his father. Chase v. New Haven Waste Material Corporation (Conn. 1930) 150 Atl. 107.
Parent And Child-Legitimation-Statutory Construction
Parent And Child-Legitimation-Statutory Construction
Michigan Law Review
J W, a resident of Oklahoma, died leaving an estate consisting of property entirely within that state. Plaintiff, an illegitimate child of J W, claimed as heir. Plaintiff was born in Kansas where both her parents were then domiciled. J W while still a resident of Kansas recognized plaintiff as his daughter. Plaintiff claimed that by virtue of this recognition and a Kansas statute allowing illegitimates to inherit from the father whenever he had recognized them as his children, that she had been legitimated in Kansas and was therefore entitled to a share of J W's estate. Held, that …
Constitutional Law-Due Process-Procedure
Constitutional Law-Due Process-Procedure
Michigan Law Review
New York Code of Criminal Procedure, sections 921-925, provides, in substance, that the Commissioner of Public Welfare may apply to two magistrates and, upon a showing that a husband or father owning property in the jurisdiction has absconded leaving a wife or children likely to become charges on the public, may secure a warrant for the seizure of such property and that, after confirmation of the warrant by the county court, such property may be applied to the support of the spouse or children. No sort of notice to the absentee is required. Held, affirming the decision of the …
Marriage-Annulment For Fraudulent Misrepresentation As To Intent To Cohabit
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 …