Family Law Commons^™

Communty Property—Torts—Liability Of Community For Tortious Act Of Public Officer, Anon

Washington Law Review

Washington marital communities have been immune since 1890 from liability for tortious acts committed by a public officer in performance of his official duties. The Washington Supreme Court reviewed this rule once again in an action for false arrest and imprisonment against a Port of Seattle commissioner. Defendant, an employer ex officio of the security guard at the Seattle-Tacoma International Airport, personally arrested and maintained custody over plaintiff for a period in excess of three hours. Plaintiff sued the commissioner, his marital community, and Port of Seattle. Suit against Port of Seattle was dismissed, but judgment was entered against defendant …

Domestic Relations -- 1964 Tennessee Survey, T. A. Smedley

Vanderbilt Law Review

Though most of the family law decisions of the supreme court and appellate courts of Tennessee reported during 1964 were of the common garden variety, four cases presented issues of notable significance, and in three of them the supreme court seems to have decided questions of first impression in this jurisdiction. As usual, the most common cause of controversy lay in matters of alimony, child support, and property settlements; but there were also decisions regarding grounds for divorce, child custody, the wife's right to damages for loss of the husband's consortium, and the parents' liability for a child's tort. Three …

Net Operating Loss Sustained By Taxpayer Prior To Marriage Cannot Be Applied Subsequently Against Spouse's Income- Calvin V. United States, Michigan Law Review

Michigan Law Review

Prior to marriage, plaintiff-wife sustained net operating losses which she was entitled to carry over under section 172 of the Internal Revenue Code. For the year 1959, the plaintiffs filed a joint return in which they applied the wife's net operating loss carryover deduction to both of their incomes. The Commissioner allowed the loss carryover to be applied to the wife's but not to the husband's income. In a suit for refund of taxes withheld from the husband's wages, held, judgment for defendant. If a husband and wife elect to file a joint return, net operating losses sustained by …

Family Law—Validity Of Mexican Bilateral Divorce Decree Upheld Where Official Residence Requirement Of One Day Was Met, Harry J. Poole

Buffalo Law Review

Rosenstiel v. Rosenstiel, 21 A.D.2d 635, 253 N.Y.S.2d 206 (lst Dep't 1964).

Federal Courts--Diversity Juristiction Of Procedding Brought By A Nonresident Guardian For A Nonresident Incompetent Minor, Larry Lynn Skeen

West Virginia Law Review

No abstract provided.

Community Property And Divorce—Effect Of Subsequent Bankruptcy, Anon

Washington Law Review

Plaintiff, trustee in bankruptcy of defendant's former husband, brought suit in federal district court to set aside as a fraudulent conveyance a Washington court's award of community property to the defendant incident to her divorce. The district court granted summary judgment for defendant on the ground that the trustee's attack on the award depended upon the community nature of the property which had been terminated by the divorce. On appeal, the Ninth Circuit Court of Appeals reversed and remanded. Held: Because a Washington marital community is not an entity with separate legal existence, an award of community property by a …

Residence Is Alternative Jurisdictional Basis To Domicile In Serviceman's Divorce Action, Anon

Washington Law Review

Plaintiff, an Air Force officer stationed in Alaska, commenced action for divorce under the provisions of an Alaska statute which extends divorce jurisdiction to military personnel who have resided within the state for one year. Defendant, a domiciliary of Pennsylvania, made a general appearance by attorney and contested the court's jurisdiction to grant the decree, alleging that plaintiff was not an Alaska domiciliary. The lower court dismissed plaintiff's complaint for lack of jurisdiction. On appeal, the Alaska Supreme Court reversed. Held: An Alaska court has jurisdiction to grant divorces to military personnel who have resided in the state for one …

Dispensing With Parental Consent In Indiana Adoption Proceedings

Indiana Law Journal

No abstract provided.

Compulsory Conciliation For New York ?, William B. Lawless

Buffalo Law Review

No abstract provided.

Divorce--Merger Of Seperation Agreement Into Divorce Decree, Charles Edward Barnett

West Virginia Law Review

No abstract provided.

An Inquiry Into The Utility Of "Domicile" As A Concept In Conflicts Analysis, Russell J. Weintraub

Michigan Law Review

No attempt is made here to conduct an exhaustive case study of any one particular area in which the concept of "domicile" is used as a tool for analysis in the conflict of laws. A number of thorough and useful studies have been made in narrow areas and are cited at appropriate places in the body of this article. Instead, this article will review the use of "domicile" in analyzing certain typical conflicts problems, particularly its use as the contact or pointing word in choice of law rules concerning the testate and intestate distribution of movables, and, as is newly …

Compulsory Husband-Wife Testimony In Criminal Cases

Washington and Lee Law Review

No abstract provided.

Rights Of Surviving Party Before Final Divorce

Washington and Lee Law Review

No abstract provided.

Widows' Allowances And Marital Deductions-The Date-Of-Death Rule, Michigan Law Review

Michigan Law Review

In every state there are statutes that provide for widows' allowances in an attempt to assure adequate support for widows during the time it takes to settle their husbands' estates. A common feature in most of these state support statutes is that the local probate judge is permitted to order an amount which the court finds to be reasonably necessary for the maintenance of the widow during the period of settlement to be set aside for her from the rest of the estate. The maximum amount permitted, the method of payment, the duration of the allowance, the extent to which …

Marital Deduction Formula Clauses In Estate Planning-Estate And Income Tax Considerations, Alan N. Polasky

Michigan Law Review

Once upon a time, and not so very long ago, a child was born, much to the delight of its lawyer-parents. As children will, it brought much joy and only occasional moments of dismay and concern during its early, formative years. But one day it entered the terrible teens, and at age sixteen it became, like many teen-agers, baffling, confusing, and frustrating, giving rise to frenzied attempts to cope with and control the complexities of its behavior. Its name? The Federal Estate Tax Marital Deduction.

Reasonable Separation Agreement Executed On Understanding That Wife Would Obtain Foreign Divorce Is Invalid-Viles V. Viles, Michigan Law Review

Michigan Law Review

In July 1951, plaintiff and her husband, both New York residents, separated under a temporary agreement entitling the wife to 400 dollars a month for support. Soon thereafter, the husband urged his wife to divorce him, but she would not assent unless he raised her support payments to 459 dollars per month. This increase was embodied in a permanent separation agreement, executed in October 1951, which the husband signed on the oral understanding that the wife would obtain a divorce in the Virgin Islands. The wife journeyed to the Virgin Islands and, in December 1951, obtained a valid divorce decree. …

Torts - Illegitimacy - Negligence - To Cause One To Be Born Into The World As A Bastard Is A Wrongful Act, Charles J. Weyandt

Duquesne Law Review

Where breach of a foreseeable duty is the proximate cause of damages a claimant is entitled to a trial.

Williams v. State of New York, 46 Misc. 2d 824, 260 N.Y.S.2d 953 (1965).

A bastard child is entitled to an equal start in life, although it has not yet been determined how much this will cost. The New York Court of Claims sustained an infant's cause of action for negligence, where the only damages alleged were the consequences of bastardy. The child was conceived as a result of a sexual assault upon her mother, a patient in a state …

Ten Years Of Kentucky Domestic Relations Law, 1955-1965, Frederick W. Whiteside Jr.

Kentucky Law Journal

No abstract provided.

Annulment - Personal Jurisdiction - Court Of Plaintiff's Domicile Has Jurisdiction Over Nonresident Defendant Served By Registered Mail, Edward Gerald Donnelly Jr.

Villanova Law Review (1956 - )

No abstract provided.

Refusal To Have Children As A Ground For Divorce Or Annulment, Marvin M. Moore

Cleveland State Law Review

When a husband and wife agree to practice birth control no legal problems are normally created. In England and now in all American jurisdictions the use of contraceptive devices and techniques is perfectly lawful, and only three states impose restrictions on voluntary sterilization. In fact, there is considerable evidence that our society not only permits birth control but considers it highly desirable. However, a different situation is presented when contraception is practiced by one spouse against the will of the other. The offending spouse remains free of criminal liability, but he may be vulnerable to some form of marital legal …

Jurisdiction--Custody Cases--Full Faith And Credit--Changed Conditions, John R. Bozeman

Kentucky Law Journal

No abstract provided.

Family Law (Survey Of Kansas Law), Dan Hopson Jr., John W. Brand Jr.

Articles by Maurer Faculty

No abstract provided.

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1965.

Legislation Requiring Child To Support Mother In State Asylum Is A Denial Of Equal Protection-Department Of Mental Hygiene V. Kirchner, Michigan Law Review

Michigan Law Review

The California Department of Mental Hygiene brought suit under section 6650 of the state's Welfare and Institutions Code, a provision commonly known as a relative support statute, against the administratrix to recover 7,500 dollars from the intestate's estate. This amount represented the cost of food, housing, and treatment received by intestate's mother in a state mental hospital during the four years she had been confined there following a civil sanity hearing. Plaintiff was granted judgment on the pleadings. On appeal to the California Supreme Court, held, reversed. Since mental hospitals serve a proper public function, it is a denial …

Adoption - Where The Mother Of An Illegitimate Child Refuses To Permit The Natural Father To Legitimate The Child He Has The Right Of "First Refusal" And His Consent To The Adoption Of The Child By Strangers Is Unnecessary; The Mother's Consent Is Sufficient Relinquishment To Authorize The Court To Enter A Decree Of Adoption. In The Matter Of Adoption Of Irby (Cal. App. 1964), Edward J. Leavitt

San Diego Law Review

This recent case discusses In the Matter of Adoption of Irby, (Cal. App. 1964).

Book Reviews, Brainerd Currie, Henry H. Foster Jr., Richard B. Lillich, Clifford Davis, Oscar Schachter

Journal of Legal Education

No abstract provided.

Family Law—Anti-Heart Balm Act—Legal Sufficiency Of Action For Money Damages Based On Bogus Wedding Ceremony, Stephen Kellogg

Buffalo Law Review

Tuck v. Tuck, 14 N.Y.2d 341, 200 N.E.2d 554, 251 N.Y.S.2d 653 (1964).

Domestic Relations--Custody Of Minor Children, Dennis Raymond Lewis

West Virginia Law Review

No abstract provided.

Family Law—Separation Agreement—Invalid Where Payments To Spouse Induced Divorce, Paul T. Murray

Buffalo Law Review

Viles v. Viles, 14 N.Y.2d 365, 200 N.E.2d 567, 251 N.Y.S.2d 672 (1964).

A Child Conceived Through Artificial Insemination By A Third-Party Donor Is Illegitimate-Gursky V. Gursky, Michigan Law Review

Michigan Law Review

Husband and wife, upon discovery of the husband's inability to father children, sought to have the wife artificially inseminated. The husband gave his written consent to the clinical impregnation and agreed to pay for it. As a result of the artificial insemination a child was born. Subsequently, the wife sought an annulment and petitioned for support of this child. Held, annulment granted, and child declared illegitimate. A child conceived through artificial insemination by a third-party donor, even though done with the consent of the mother's husband, is illegitimate. Gursky v. Gursky, 39 Misc. 2d 1083, 242 N.Y.S.2d 406 …