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Articles 7411 - 7440 of 7929

Full-Text Articles in Family Law

Marital Property In Conflict Of Laws, By Harold Marsh, Jr. (1952), Luvern V. Rieke Aug 1952

Marital Property In Conflict Of Laws, By Harold Marsh, Jr. (1952), Luvern V. Rieke

Washington Law Review

The avowed purpose of Marital Property in Conflict of Laws is to demonstrate the "correct analysis" for the problem above and a host of similar intriguing choice-of-law questions involving marital property. Laid out between the covers of this comparatively thin volume is as fine a study, as lucid an explanation, and as great a number of practical guideposts for the rational solution of these problems as has yet been made available. The value of the work to the practicing attorney is considerably enhanced by the author's careful attention to the statutes and cases, a welcome change of fare from the …

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Roznek V. Dawman, Simha Assaf, Alfred Witkon, Yitzhak Olshan Jul 1952

Roznek V. Dawman, Simha Assaf, Alfred Witkon, Yitzhak Olshan

Translated Opinions

The parents of a girl of five years of age agreed in the course of divorce proceedings that the child should be placed in an orphanage, and that both parents should be entitled to visit her there. The mother remarried, and subsequently applied to the District Court for custody of the child on the ground that it would be in the child's interests that she should live with her mother. The father entered an appearance, but failed to file a defence, and the District Court, after considering the merits of the case, dismissed the application. The mother appealed and contended …

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Infants--Child Labor Law--Contributory Negligence, J. N. C. Jun 1952

Infants--Child Labor Law--Contributory Negligence, J. N. C.

West Virginia Law Review

No abstract provided.

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Delinquent Parents And The Criminal Law, Frederick J. Ludwig Jun 1952

Delinquent Parents And The Criminal Law, Frederick J. Ludwig

Vanderbilt Law Review

"There are no delinquent children; there are only delinquent parents." This tautological truism has long been the speaker's mainstay at Rotary luncheons, parent-teacher meetings, and assorted roundtables and institutes on juvenile delinquency. When a New York Children's Court judge undertook to put the principle into practice five years ago, a storm of controversy was unleashed which has not yet subsided. The case, tragic enough, involved 14-year-old Frankie, who scored hits on three passers-by with a stolen gun. The boy, who had been sleeping in hallways and on buses, was committed as a juvenile delinquent to a state training school. His …

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Recrimination V. Comparative Rectitude In Divorce Suits, Edwin Hammond Pierce Jr. May 1952

Recrimination V. Comparative Rectitude In Divorce Suits, Edwin Hammond Pierce Jr.

William and Mary Review of Virginia Law

No abstract provided.

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Divorce Decree—Procedure To Invoke Jurisdiction To Modify, Raymond H. Siderius May 1952

Divorce Decree—Procedure To Invoke Jurisdiction To Modify, Raymond H. Siderius

Washington Law Review

H obtained a default divorce decree under which W was given custody of two minor children and H was granted reasonable visitation privileges. Later H remarried and established residence in Montana, and, in order to enable the children to visit him there, filed a motion and affidavit for an order that W show cause why the decree should not be modified. The show cause order was granted, but meanwhile W, in an original application in the Supreme Court, requested a writ of prohibition restraining the Superior Court from modifying. She contended that Superior Court jurisdiction to modify cannot be invoked …

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Negligence-Liability For Negligence Of Minor Driver Imputed To Person Signing M:Rnor's Application For Driver's License, George D. Miller, Jr. May 1952

Negligence-Liability For Negligence Of Minor Driver Imputed To Person Signing M:Rnor's Application For Driver's License, George D. Miller, Jr.

Michigan Law Review

A father signed his daughter's application for a driver's license in accordance with the terms of a Utah statute, which required that the application for a minor's driver's license be signed by the parent or guardian, and imputed liability for the minor's negligence or wilful misconduct to the person signing the application. Before the daughter reached her majority (i.e., eighteenth birthday), the following events took place: (1) her mother was given sole custody of her in a divorce action; (2) she married; and (3) she negligently drove her car against the plaintiff, who brought suit against the daughter, her husband, …

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Full Faith And Credit—Collateral Attack Of Divorce Decree Rendered In A Sister State, Janet Mcfarland Apr 1952

Full Faith And Credit—Collateral Attack Of Divorce Decree Rendered In A Sister State, Janet Mcfarland

Buffalo Law Review

Cook v. Cook, 116 Vt. 374, 76 A. 2d 593 (1950).

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Wrongful Death—Action By Wife’S Administrator Allowed Though Wife Could Not Have Brought Action Had She Lived, Ralph L. Halpern Apr 1952

Wrongful Death—Action By Wife’S Administrator Allowed Though Wife Could Not Have Brought Action Had She Lived, Ralph L. Halpern

Buffalo Law Review

Welch v. Davis, 410 Ill. 130, 101 N. E. 2d 547 (1951).

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Evidence—Wire Recordings Of Confidential Communications Between Husband And Wife Held Inadmissable, Gerard J. O’Brien Apr 1952

Evidence—Wire Recordings Of Confidential Communications Between Husband And Wife Held Inadmissable, Gerard J. O’Brien

Buffalo Law Review

Hunter v. Hunter, 169 Pa. Super. 498, 83 A (2d) 401 (1951).

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Evidence-Privilege-Confidential Communications Between Husband And Wife, James I. Huston Apr 1952

Evidence-Privilege-Confidential Communications Between Husband And Wife, James I. Huston

Michigan Law Review

Husband sued for divorce alleging that wife drank excessively and humiliated him in public by her conduct, and that she continually made false and profane accusations designed to make his life unbearable. As proof of the latter charge, plaintiff was allowed to introduce in evidence a wire recording of conversations between plaintiff and defendant in their bedroom. Plaintiff's son by a previous marriage had, by prearrangement with plaintiff, installed in their bedroom a microphone connected to a wire-recorder in the son's adjoining bedroom, with which recordings were made of four separate conversations between plaintiff and defendant. The recordings substantiated plaintiff's …

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Trusts-Illusory Transfer-Rights Of Surviving Spouse, Carl S. Krueger Mar 1952

Trusts-Illusory Transfer-Rights Of Surviving Spouse, Carl S. Krueger

Michigan Law Review

ln 1939 Henry Halpern drafted a will naming his wife executrix and sole beneficiary of his estate. In 1946, about the time he and his wife separated, Halpern opened four savings accounts in his own name in trust for his infant granddaughter. While Halpern made subsequent deposits in two of them, he made no withdrawals; nor did he in any other manner revoke the trusts. Although evidence did not establish them as irrevocable trusts, it did show that Halpern on occasion indicated he meant the bank books to go to his granddaughter. Subsequently his wife, as executrix, instituted proceedings to …

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Evidence-The Use Of Blood Grouping Tests In Disputed Parentage Proceedings-A Scientific Basis For Discussion, Lewis R. Williams, Jr. S.Ed. Feb 1952

Evidence-The Use Of Blood Grouping Tests In Disputed Parentage Proceedings-A Scientific Basis For Discussion, Lewis R. Williams, Jr. S.Ed.

Michigan Law Review

Much has been written concerning the validity of the so-called "blood-grouping tests" in bastardy and other legal proceedings. The general tenor of the writings is in favor of wider acceptance by the courts of the results of these tests. This comment is to be no exception. However, it is the purpose here to emphasize the scientific validity of the blood-grouping tests and to acquaint the reader with the theory upon which the tests rest. If lawyers and judges understand the scientific basis of the tests, a more intelligent decision upon the validity of any given result can be formed, and …

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Conflict Of Laws-Full Faith And Credit-Custody Decrees, James I. Huston Feb 1952

Conflict Of Laws-Full Faith And Credit-Custody Decrees, James I. Huston

Michigan Law Review

Husband and wife, living in Ohio, were separated in 1945, the only child going to live with the paternal great-grandfather in Pennsylvania. Husband and wife were divorced in Ohio in April 1949. Custody of the child was awarded the wife, but because of the wife's defective vision the child was to remain temporarily with the great-grandfather; it was further provided that the custody question could be relitigated after eighteen months. On October 26, 1949, the wife got a further Ohio decree awarding her sole custody. The great-grandfather refused to surrender the child, and wife filed a petition for habeas corpus …

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Conflicts Of Law-Divorce-Res Judicata Effect Of Decree As To Third Parties, Paul M.D. Harrison S.Ed. Jan 1952

Conflicts Of Law-Divorce-Res Judicata Effect Of Decree As To Third Parties, Paul M.D. Harrison S.Ed.

Michigan Law Review

Respondent had applied for a determination of petitioner's rights under the New York Decedent Estate Law, which provides for the widow taking a statutory one-third share in her husband's estate after his decease. Respondent contended that petitioner was not a widow of decedent, as the prior divorce awarded against decedent in Florida was void because of failure to satisfy residence requirements. The evidence showed that the residence requirements had not been met, but also showed both of the parties to the divorce to have made appearances in the Florida court. The trial and intermediate courts held that respondent had no …

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Torts-Alienation Of Parent's Affection, John J. Edman S.Ed. Jan 1952

Torts-Alienation Of Parent's Affection, John J. Edman S.Ed.

Michigan Law Review

Plaintiff, a minor child, brought a tort action against defendant for enticing her mother to desert her, thereby depriving plaintiff of support, maintenance, and maternal care and affection. The trial court sustained defendant's demurrer. On appeal, held, affirmed. The statutes of the state provide other means of support of the child, and he has no right of action for the deprivation of a parent's love and affection. Nelson v. Richwagen, (Mass. 1950) 95 N.E. (2d) 545.

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The Equitable Theory Of Injunction In Domestic Relations, Moss H. Thompson Jan 1952

The Equitable Theory Of Injunction In Domestic Relations, Moss H. Thompson

Cleveland State Law Review

Adequate protection in the nature of injunctive relief has been extended to all branches of the law where there is a primary property right to be protected. Despite the rapid development in the field of equitable relief it has always been considered extraneous to actions in domestic relations. The majority of the courts will not protect marital and domestic rights from third party intervention because such action involves a personal right rather than a necessary property right. There is adequate reason for a change in this precept which delegates personality to such an insecure position. Only a limited number of …

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Divorce: "Living Apart" Under The Same Roof?--Hawkins V. Hawkins, James F. Hoge Jan 1952

Divorce: "Living Apart" Under The Same Roof?--Hawkins V. Hawkins, James F. Hoge

Kentucky Law Journal

No abstract provided.

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Book Reviews, Mortimer M. Caplin, Charles J. Meyers, Albert K. Orschel, Ben F. Small, J. Nelson Young, George W. Stengel, John Hanna, Lester B. Orfield, Harold Shepherd Dec 1951

Book Reviews, Mortimer M. Caplin, Charles J. Meyers, Albert K. Orschel, Ben F. Small, J. Nelson Young, George W. Stengel, John Hanna, Lester B. Orfield, Harold Shepherd

Journal of Legal Education

No abstract provided.

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Infants--En Ventre Sa Mere--As Tort Plaintiffs, F. R. T. Dec 1951

Infants--En Ventre Sa Mere--As Tort Plaintiffs, F. R. T.

West Virginia Law Review

No abstract provided.

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The Fourteenth Amendment And The "Separate But Equal" Doctrine, Joseph S. Ransmeier Dec 1951

The Fourteenth Amendment And The "Separate But Equal" Doctrine, Joseph S. Ransmeier

Michigan Law Review

Recent cases in which the Court has overthrown enforced separation in public higher education on the ground of inequality but without consideration of the merits of the separate but equal rule have been the occasion for an outpouring of law review discussion on the subject. The present paper is a part of this stream. Its purpose is two-fold: first, to set forth the judicial history of the modern separate but equal rule, noting its pre-Fourteenth Amendment origin and the rather uncritical manner in which courts permitted it to infiltrate its way from one area of the law to another; and …

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Trusts And Estates - Relationship By Affinity-Meaning Of The Word "Stepchild" In A Tax Statute, Harold S. Lentz S. Ed. Dec 1951

Trusts And Estates - Relationship By Affinity-Meaning Of The Word "Stepchild" In A Tax Statute, Harold S. Lentz S. Ed.

Michigan Law Review

A widower with two children married Sarah Bordeaux and predeceased her. A child of the marriage died in infancy. The two children were raised by Sarah as if she had been their natural mother. A strong filial relationship developed, and at the death of Sarah in 1949, the bulk of her property passed to the two children by will. The inheritance tax division of the tax commission contended that the relationship by affinity had been terminated and that the children, no longer being "stepchildren," were not entitled to the lower tax rates under Class A of the inheritance tax statute …

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Domestic Relations, John L. Westmoreland Dec 1951

Domestic Relations, John L. Westmoreland

Mercer Law Review

No abstract provided.

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Torts-Right Of Unemancipated Minor To Recover Prom Parent For Intentional Tort, William O. Allen S.Ed. Nov 1951

Torts-Right Of Unemancipated Minor To Recover Prom Parent For Intentional Tort, William O. Allen S.Ed.

Michigan Law Review

Plaintiff, a child four years of age, was present when her mother was murdered by her father, defendant's intestate. After keeping plaintiff with the corpse for six days, the father drove plaintiff to his home, where he committed suicide in plaintiff's presence. Plaintiff brought an action against the father's estate for shock, mental anguish, and resulting physical injuries, caused by the father's atrocious acts. The trial court sustained defendant's demurrer on the. ground that a minor has no right of action in tort against its parent. On appeal, held, reversed. A minor may maintain an action against its parent …

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Conflict Of Laws-Basis For Determining Validity Of Remarriage In Violation Of Divorce Decree Of Another Jurisdiction [In Re Peart's Estate, N. Y. 1950] Sep 1951

Conflict Of Laws-Basis For Determining Validity Of Remarriage In Violation Of Divorce Decree Of Another Jurisdiction [In Re Peart's Estate, N. Y. 1950]

Washington and Lee Law Review

No abstract provided.

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Indiana: Birthplace Of Migratory Divorce, Val Nolan Jr. Jul 1951

Indiana: Birthplace Of Migratory Divorce, Val Nolan Jr.

Indiana Law Journal

No abstract provided.

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Committee Of The Association Of American Law Schools: Selected Essays On Family Law, Hobart Coffey Jun 1951

Committee Of The Association Of American Law Schools: Selected Essays On Family Law, Hobart Coffey

Michigan Law Review

A Review of SELECTED ESSAYS ON FAMILY LAW. Compiled and Edited by a Committee of the Association of American Law Schools.

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Alimony In Washington: A Note To The Legislature, Ramón E. Brown May 1951

Alimony In Washington: A Note To The Legislature, Ramón E. Brown

Washington Law Review

The award of permanent alimony upon a divorce a vinculo, though involving the judicial process, is historically and theoretically dependent upon such power as the legislature of the particular jurisdiction deems fit to confer upon the courts. The Washington court has necessarily recognized this since in every case where the point was raised the court looked to the statutes for its authority. The divorce act now in effect, however, does not confer such power upon the courts! Undoubtedly there have been many awards of alimony since the passage of the present divorce act in 1949, but not under it. Unless …

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Conflicts Of Law-Divorce-Canadian Choice Of Law, Paul M.D. Harrison S.Ed. May 1951

Conflicts Of Law-Divorce-Canadian Choice Of Law, Paul M.D. Harrison S.Ed.

Michigan Law Review

When the problem confronting the judge is one of recognizing a divorce decree awarded by a foreign state, then once again the domiciliary concept will be used to determine the jurisdictional competency of the court making the award. The foreign divorce decree will be accepted as lawful and proper if it was given by the court of the husband's domicile or if the decree is one which would be accepted as valid by that court. The authority underlying the latter proposition originates in the case of Armitage v. Attorney-General. It is the purpose of this comment to examine briefly …

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Tort Liability Of Parent To Minor Child Apr 1951

Tort Liability Of Parent To Minor Child

Indiana Law Journal

No abstract provided.

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