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Articles 241 - 270 of 320
Full-Text Articles in Family Law
Conflict Of Laws: Recent Development Concerning Marriage, Francis Deak
Conflict Of Laws: Recent Development Concerning Marriage, Francis Deak
Michigan Law Review
Anglo-American writers on the conflict of laws and Continental writers on private international law emphasize, with equal strength, the importance of the rules regulating marriage. Marriage is the most important of the social institutions; it is, in fact, the very foundation of the present social order. The legal system of civilized states, which is called upon to maintain this social order, contains an elaborate body of rules, protecting the institution of marriage. It is noteworthy, indeed, that mature legal systems secure best interests involved in domestic relations, besides interests of substance such as property and contract. Each legal system developed …
Descent And Distribution-Status And Inheritance Rights Of Adopted Child
Descent And Distribution-Status And Inheritance Rights Of Adopted Child
Michigan Law Review
The adoption of the children of another person is said to have been unknown to the common law. In re Johnson, 98 Cal. 531; Morrison v. Sessions, 70 Mich. 297, 14 Am. St. Rep. 500. However, the status of adopted children is one of very ancient origin, existing in Biblical times, Romans 8:15; 9:4:, and was developed to a high degree by the Greeks and Romans. Provisions for child adoption were incorporated in the Code of Justinian, SANDERS, JUSTINIAN; Am. ed. 103 et seq., and took their place in the jurisprudence of all countries in which the civil …
The Effect Of Foreign Divorce Upon Dower And Curtesy, Robert W. Wheeler
The Effect Of Foreign Divorce Upon Dower And Curtesy, Robert W. Wheeler
Michigan Law Review
Dower and curtesy are no longer viewed with the kindly eye with which the older law regarded these marital property rights. While inroads have been made by statute, which in many instances have abolished these estates, there are still a large number of states which retain dower and curtesy in their original or in a modified form. Coincident with the decline of these estates has come the great increase of divorces, so that the question of the effect of foreign divorce upon dower and curtesy is litigated with increasing frequency. The problem requires first a consideration of the relation of …
Ex Parts Divorce As A Bar To A Subsequent Action For Alimony
Ex Parts Divorce As A Bar To A Subsequent Action For Alimony
Michigan Law Review
A decree of divorce purports only to affect the marital status of the parties and as such is an action en rem, while an order to pay alimony is a personal judgment. To be effective it must be rendered by a court having personal jurisdiction over the defendant. Since the decision of Pennoyer v. Neff, if the defendant, though an assent non-resident, has property within the jurisdiction the local law may authorize proceedings for seizing it for a personal claim against the owner, the action in effect being against the owner's interest in the property attached. This applies …
Parent And Child-Action By Parent For Loss Of Services Of Child-Contributory Negligence Of Child As A Defense
Michigan Law Review
It appears to be axiomatic with the courts that a parent cannot recover damages for the loss of services of a child, because of an injury negligently inflicted by a third person, if the child was guilty of contributory negligence. Nearly all of the decisions on this point have been reached without any reason being given for the result. Typical opinions, in which any explanation of the rule is conspicuously avoided, may be found in Chicago & G. E. Ry. Co. v. Harney, 28 Ind. 28; Dietrich v. Baltimore, etc. Ry. Co. 58 Md. 347; Cleveland C. & C. …
Torts-Liability For Inflicting Corporal Punishment Upon A Child
Torts-Liability For Inflicting Corporal Punishment Upon A Child
Michigan Law Review
Plaintiff was an eleven year old boy who had been sent by his parents to work on defendant's farm. The boy's mother had signed a written statement, giving defendant authority to discipline him if and when he broke the regulations enforced upon the farm. The plaintiff had refused to perform some of the tasks assigned him, and had told several falsehoods, whereupon the defendant had inflicted corporal punishment upon his nude body by means of a crude rubber whip about 30 inches long. Held, one standing in loco parentis has the right to punish a child under his care, …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Conflict Of Laws-Adoption-Jurisdiction
Conflict Of Laws-Adoption-Jurisdiction
Michigan Law Review
Sociologists treat of the subject of adoption very sparsely. It is but a desired end in their work, and having its foundation in law, yields but slightly to sociological supervision. However, there exist many reports and treatises in the field of child placement and the effect thereof on the child. The most cursory examination of these works reveals that from the social point of view, at least, the work is conducted with but one end in view, i. e., the welfare of the child. Adoption, as a means to this end, has the same reason for its foundation. To this …
Conflicting Presumptions-Evidence-Adultery
Conflicting Presumptions-Evidence-Adultery
Michigan Law Review
The statutes of Oregon prescribe certain presumptions as applicable in the trial of causes, among which are, 1st, that one charged with crime shall be presumed to be innocent, and 2nd, that "a man and a woman deporting themselves as husband and wife" shall be presumed to "have entered into a lawful contract of marriage". Subd. I and subd. 30 of sec. 799, Or. L.
Legitimation And Adoption In The Conflict Of Laws, Herbert F. Goodrich
Legitimation And Adoption In The Conflict Of Laws, Herbert F. Goodrich
Michigan Law Review
Legitimation is defined in Bouvier's Law Dictionary as the act of giving the character of legitimate children to those who were not so born. To make the description complete, it should be added that the natural relation of parent and child must exist between the parties (if strangers in blood the case becomes one of adoption) and that the act or acts of legitimation must be provided for by law.
Recognition Of Foreign Decree Annulling Marriage
Recognition Of Foreign Decree Annulling Marriage
Michigan Law Review
Decisions considering the question of jurisdiction to annul a marriage or the recognition to be afforded to a decree of annulment rendered by a But upon questions in the law of divorce authorities are legion. American lawyers naturally tum to divorce as the means of securing relief for clients from distasteful or unbearable marital difficulties. But annulment cases are increasing in number, and the increase in some states may be expected to continue. In Di Lorenzo v. Di Lorenzo, 174 N. Y. 467, the court of appeals said that every misrepresentation of a material fact, made with the intention …
The Change In The Meaning Of Consortium, Evans Holbrook
The Change In The Meaning Of Consortium, Evans Holbrook
Michigan Law Review
Lawyers have long boasted of the flexibility of the common law, or its ability to adapt itself to the needs of changing conditions of society, of its responsiveness to sociological progress. And while eager reformers have often--and with much reason--complained that the law is laggard in its response to the needs of the people, yet it is clear that sooner or later the courts generally bring themselves into accord with "what is sanctioned by usage, or held by the prevailing morality or strong and preponderant public opinion to be greatly and immediately necessary to the public welfare." This responsiveness to …
Conflict Of Laws--The Uniform Divorce Act And Full Faith And Credit
Conflict Of Laws--The Uniform Divorce Act And Full Faith And Credit
Michigan Law Review
in spite of the recognized need for uniformity in divorce law, the Act Regulating Annulment of Marriage and Divorce has not met with widespread favor. This act was framed by the National Congress on Uniform Divorce Laws in 1900 and was approved in 1907 by the National Conference of Commissioners on Uniform State Laws. It has been adopted only by Delaware, New Jersey, and Wisconsin. While general adoption would remove much of the present uncertainty in the law, some interesting problems are still left for solution.
Foreign Marriages And The Conflict Of Laws, Herbert F. Goodrich
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 …
A Critique Of Methods For Alteration Of Women's Legal Status, Gladys Wells
A Critique Of Methods For Alteration Of Women's Legal Status, Gladys Wells
Michigan Law Review
A case was appealed because all women electors were excluded from the jury. Held, the Nineteenth federal Amendment merely prohibits discrimination, leaving the states to confer the right of suffrage. Moreover, jury service is distinct therefrom; and the state constitution excludes women by providing for juries of twelve "men." If being an elector ipso facto entitled to jury service, the legislature could prescribe no other limitation. No question of violation of the Fourteenth Amendment can be raised since the accused does not belong to the excluded class.
Venue--Jurisdiction In Criminal Cases
Venue--Jurisdiction In Criminal Cases
Michigan Law Review
In a recent case in Oklahoma the defendant was prosecuted for bigamy, under a statute which read as follows: "It shall be unlawful for either party to such divorce to remarry any other person within six months from the degree of divorcement. * * * Any person marrying contrary: to the provisions of this statute shall be deemed guilty of bigamy, and such marriage shall be absolutely void." The defendant remarried in another state and returned to Live in Oklahoma. The court held that it had no jurisdiction. Jennings v. State, 17 Okla. Cr. R. 698.
Book Reviews, Burke Shartel, Grover C. Grismore, S C. Ho, S M. Ho, Evans Holbrook, Henry M. Bates
Book Reviews, Burke Shartel, Grover C. Grismore, S C. Ho, S M. Ho, Evans Holbrook, Henry M. Bates
Michigan Law Review
History of the San Francisco Committee of Vigilance of 1851. By Mary Floyd Williams. University of California Publications in History, Volume XII. "Berkeley: The University of California Press. 192I. Pp. xii, 543.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Assignments- Assignment of an Expectancy - Joseph and James were two of six children. A contract witnessed "that Joseph Snyder has sold to James Snyder one undivided sixth of the real estate owned by the mother, Susan Snyder; to secure said interest to James after her death, the mother unites in the conveyance of said interest The said Joseph warrants and defends the interest from all claims." The contract was signed by Joseph and by the mother. Held, Joseph had no estate which he could convey, and the contract, though made with the consent of the mother, was unenforceable either …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Carriers of Passengers - Duty to Stop at Station to Permit Passenger to Alight-Contributory Negligence of Passenger Plaintiff's intestate was riding in the front end of a crowded vestibule car in the coach next to the tender of the eengine. When the train stopped at his station he tried to leave by the front end, but found the door from the vestibule closed. As he did not know how to open it, or was unwilling to be carried by his station, he stepped from his platform to the bumper of the tender and tried to follow it to the side …
Family Courts, Willis B. Perkins
Family Courts, Willis B. Perkins
Michigan Law Review
A great deal has been said, but very little has been authoritatively written upon the subject of Domestic Relations Courts in this country. So far as I know, no such court has yet been successfully established embodying the jurisdiction and powers the advocates of such a court claim it should possess. I am not unaware, however, that courts under the name ef Domestic Relations Courts have been established, notably in New York City and Cincinnati, and that certain Municipal Courts, notably in Chicago, have been given jurisdiction in certain family matters, but none of these courts, as at present organized, …
Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson
Note And Comment, Ralph W. Aigler, Edgar N. Durfee, Werner W. Schroeder, Arthur A. Morrow, Harry B. Sutter, Russell H. Neilson
Michigan Law Review
Estates in Fee Tail - Quite generally estates in fee tail under the STATUTE DE DONIS were recognized by the states as a part of the common law. Statutory provisions in the way of modification and abolishment of such estates, however, are very common. The nature and scope of the statutory provisions have varied. See the states classified according to the character of the legislation in BREWSTER, CONVEYANCING, § § 142, 143.
Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood
Recent Important Decisions; Book Reviews, Edwin C. Goddard, John R. Rood
Michigan Law Review
A collection of recent important court decisions and book reviews.
Note And Comment, John B. Waite, Thomas H. Westlake, William C. Mullendore, Harry B. Sutter
Note And Comment, John B. Waite, Thomas H. Westlake, William C. Mullendore, Harry B. Sutter
Michigan Law Review
Dean Pound Harvard has honored itself in the appointment of Roscoe POUND to the deanship of its law school
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Note And Comment, John R. Rood, Henry M. Bates, Werner W. Schroeder, Robert E. Richardson, Hollace M. Reid
Note And Comment, John R. Rood, Henry M. Bates, Werner W. Schroeder, Robert E. Richardson, Hollace M. Reid
Michigan Law Review
Can a Manufacturer be Compelled to Sell? - The fight for price maintenance is not yet completely settled, despite, the decisions in Dr. Miles Medical Company v. Parks & Sois Company, and Baiter & Cie v. O'Donnell, which held invalid contracts, whether nominally of agency, or of sale, between manufacturer and wholesaler or jobber whereby the latter in purchasing agreed himself to maintain and to sell only to others who would maintain a schedule of prices established by the manufacturer. But there are more ways than one of maintaining prices. One of these is to refuse to sell to persons …
Indivdual Interests In The Domestic Relations, Roscoe Pound
Indivdual Interests In The Domestic Relations, Roscoe Pound
Michigan Law Review
It is important to distinguish the individual interests in domestic relations from the social interest in the family and marriage as social institutions. This social interest must play an important part in determining what individual interests in such relations are to be secured, how far they are to be secured and how they are to be secured. Yet its chief significance is not in connection with securing interests in the domestic relations against the rest of the world but rather in connection with the conflicting interests of the parties to such relations among themselves, the curtailments of normal legal capacity …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.