Family Law Commons^™

Law Of Domestic Relations (Survey Of Virginia Case Law - 1955), William A. Hunt

William and Mary Review of Virginia Law

No abstract provided.

Torts - Parent - Child Action By Child For Indirect Interference With Family Relationship, William R. Jentes S.Ed.

Michigan Law Review

Five minor children sued for the loss of their mother's support, care and affection which resulted from the defendant's negligent injury of the mother in an auto accident. Defendant moved to dismiss the complaint for failure to state a claim upon which relief could be granted. Held, motion denied. A minor child has a cause of action for damages resulting from an indirect, negligent interference with his rights in the family relationship. Scruggs v. Meredith, (D.C. Hawaii 1955) 134 F. Supp. 86.8.

Creation Of Joint Rights Between Husband And Wife In Personal Property: I, R. Bruce Townsend

Michigan Law Review

Joint ownership of personal property in recent years has become a common practice--one to which husband and wife are especially addicted. The topic is worthy of more than academic concern as demonstrated by the public use of joint titles in the acquisition of all kinds of personal assets, particularly investment securities. A casual conversation with almost any banker would disclose that a very high percentage of accounts owned by married people are held jointly with their spouses. The current popularity of dual ownership, for example, is reflected in the marketing policy of the United States Treasury in the sale of …

A Seminar In Courts For Children, Henry A. Riederer, John M. Speca

Journal of Legal Education

No abstract provided.

Family Responsibilty Under The American Poor Laws: Ii, Daniel R. Mandelker

Michigan Law Review

No substantive statutory provision fulfills the purpose for which it was enacted unless fair and efficient procedures are provided for its enforcement. Under the Elizabethan family responsibility law, enforcement was confined to the parish justices of the peace, who at that time exercised both administrative and judicial functions. The blending of administrative and judicial functions no longer being the rule in American local government, practically all of the American family responsibility statutes provide for some judicial procedure by which the support duty may be enforced. The basic issue with which the courts have been concerned in applying these statutory remedies …

Descent And Distribution - Ancestral Property - Exclusion Of Next Of Kin Other Than Half Bloods, George F. Lynch

Michigan Law Review

The decedent died intestate owning land which he had inherited from his father. His only next of kin were four blood aunts and uncles on his mother's side, and three blood aunts and uncles on his father's side. The paternal aunts and uncles contended that the land descended to them alone by virtue of a section of the Alabama code, which provides: "There is no distinction made between the whole and the half blood in the same degree, unless the inheritance came to the intestate by descent, devise or gift, from or of some one of his ancestors; in which …

Twenty Years Of West Virginia Marriage And Divorce Law, Clyde L. Colson

West Virginia Law Review

Almost twenty years have passed since the publication of a series of articles dealing with the substantive law of marriage and divorce in West Virginia. Most of the marriage and divorce cases decided during this time involve no more than the application of already well-established principles. Such cases will not be discussed in this article. There have been enough new developments in the field, however, both by legislation and by court decision, to make worthwhile this effort to bring the articles up to date.

Family Responsibilty Under The American Poor Laws: I, Daniel R. Mandelker

Michigan Law Review

Ever since the enactment of the statute quoted above, first passed in 1597 as part of the original Elizabethan Poor Law, the concept of family responsibility has been linked with the public relief of the poor. Today, more than three-and-a-half centuries later, the basic, residual program of poor relief has survived in the statutes of every American jurisdiction, and practically all the states still have family responsibility provisions based on the English model. Although some jurisdictions have abandoned the family responsibility requirement, the tendency in recent years seems to be toward strengthening the law where it exists.

In spite of …

Divorce--Wife's Right To Obtain Alimony After Valid Ex Parte Divorce, G. H. W.

West Virginia Law Review

No abstract provided.

Domestic Relations—Support And Remarriage, Raymond Ettlinger

Buffalo Law Review

Gaines v. Jacobsen, 308 N. Y. 218, 124 N. E. 2d 290 (1954).

Domestic Relations—Abandonment, Raymond Ettlinger

Buffalo Law Review

Aghinides v. Aghinides, 308 N. Y. 530, 127 N. E. 2d 323 (1955).

Domestic Relations—Religious Upbringing Of Children, Raymond Ettlinger

Buffalo Law Review

Martin v. Martin, 308 N. Y. 136, 123 N. E. 2d 812 (954).

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

Articles by Maurer Faculty

No abstract provided.

The "Lord Mansfield Rule" And The Presumption Of Legitimacy - Clark V. State, Richard R. Burgee

Maryland Law Review

No abstract provided.

Domestic Relations--Legitimacy Saving Statutes--Children Of Common Law Marriages, James Francis Miller

Kentucky Law Journal

No abstract provided.

Seduction--Promise To Marry--Refusal Of Parental Consent, John D. Miller

Kentucky Law Journal

No abstract provided.

"Friend Of The Court", Delmer D. Howard

Kentucky Law Journal

No abstract provided.

Domestic Relations—Medical Care Of Children, Dawn Girard

Buffalo Law Review

In re Seiferth, Jr., 309 N. Y. 80, 127 N. E. 2d 820 (1955).

Miscellaneous—Conflicts—Domestic Relations, Dawn Girard

Buffalo Law Review

Auten v. Auten, 308 N. Y. 155, 124 N. E. 2d 99 (1954).

Wills - Religious Conditions In Restraint Of Marriage - Validity At Common Law And Effect Of Shelley V. Kraemer, Jack G. Armstrong S.Ed.

Michigan Law Review

Testator devised and bequeathed his property to his children, but with a proviso that the gift to any child who should marry a person not born in the Hebrew faith should lapse. Subsequent to the testator's death, the defendant married a woman who had been born a Roman Catholic. The other beneficiaries brought a proceeding to declare that the defendant had lost his rights under the will by reason of his marriage. The probate court granted a decree substantially as sought by the plaintiffs. On appeal, held, affirmed. This partial restraint on marriage is not so unreasonable as to …

Full Faith And Credit For Divorce Decrees -- Present Doctrine And Possible Changes, James D. Sumner Jr.

Vanderbilt Law Review

The recognition of divorce decrees has perhaps created more concern in the United States than any other legal issue. At least this is a matter that has frequently been the subject of public discussions and articles in national magazines in the last decade and a half. The "laymen" who have participated in these events probably have not realized the technical legal problems involved. However, they have at least by their discussions and writings demonstrated that migratory divorces and respect for them raise problems of national significance. Moreover, there is an abundance of legal articles by judges, lawyers, law teachers and …

Equity-Power Of Court To Order Operation On Child Over Parental Objection For Purpose Of Preventing Harmful Psychological Reaction In Child [In Re Seiferth, N. Y. 1954]

Washington and Lee Law Review

No abstract provided.

Juveniles, William E. Love

Washington Law Review

Covers selected laws affecting juveniles.

Domestic Relations, Luvern Rieke

Washington Law Review

Covers laws on adoption.

Domestic Relations -- 1955 Tennessee Survey, William J. Harbison

Vanderbilt Law Review

A case of some significance concerning rights of inheritance by adopted children was decided by the Supreme Court.' The adoptive parent died in 1950, survived by the adopted child. In 1953, the mother of the adoptive parent died, survived by blood relatives and the grandchild by adoption. The latter claimed a share in the grandparent's estate, claiming by representation through its adoptive parent. The Supreme Court decided the case under the former adoption statutes, which had been repealed in 1951. The former statute provided that "unless restrained by the decree," an adoption conferred upon the person adopted "all of the …

Barriya V. Kadi Of The Sharia Moslem Court, Yitzhak Olshan, David Goitein, Zvi Berinson

Translated Opinions

An application was made to a Moslem Religious Court by the aunt of three minor children to be appointed their guardian. The applicant's deceased brother, the father of the children, had directed before his death that the mother of the children should be their guardian. After his death the mother had remarried and the aunt, relying upon Moslem law, had taken the children into her care and had prevented them from remaining with their mother.

In the course of the proceedings before the Moslem Religious Court the mother submitted (inter alia) that she was entitled to the guardianship by virtue …

Due Process Rights Of Mentally Ill Parents In Nonconsensual Adoptions

Indiana Law Journal

No abstract provided.

Husband And Wife -- Personal Tort Actions Between Spouses -- Statutory Construction, Robert B. Olsen S.Ed.

Michigan Law Review

Following an interlocutory divorce decree, and while the parties were living apart from one another, defendant allegedly assaulted the plaintiff. The trial court dismissed her complaint on the ground that no action could be brought by one spouse against the other for personal torts committed during coverture. On appeal, held, reversed, three judges dissenting and one concurring. The Judicial Code and the Husband and Wife Statutes of Utah, when considered together, entitle a married woman to maintain an action against her husband for injuries intentionally inflicted upon her. Taylor v. Patten, 2 Utah (2d) 404, 275 P. (2d) …

Hershkovitz V. Greenberger, Shneor Zalman Cheshin, David Goitein, Alfred Witkon

Translated Opinions

The petitioners, into whose care an orphan child aged 5 years had been handed by the Social Welfare Authorities, applied to the District Court for an order of adoption. The application was opposed by a relative of the child who resided in the United States, and who also testified as to his willingness and ability to bring up the child whether in the United States or in Israel. The District Court, without investigating the circumstances fully, and apparently relying upon the principle that relatives of the child had a stronger right to his guardianship than strangers, dismissed the application. The …

Constitutional Law - Full Faith And Credit-Res Judicata Applied To Determination Of Sister State Concerning Ex Parte Divorce, Frank M. Mccann

William and Mary Review of Virginia Law

No abstract provided.