Family Law Commons^™

Divorce--Finality Of Alimony Decree, John Hampton Hoge

West Virginia Law Review

No abstract provided.

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 …

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, …

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.

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 …

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 …

Some Problems In Jurisdiction To Divorce, James L. Parks

University of Missouri Bulletin Law Series

The American Law Institute in its Restatement of the Conflict of Laws has codified the rules governing jurisdiction of a court to grant a divorce, where no personal jurisdiction of the defendant is obtained, as follows: "A state cannot exercise through its courts jurisdiction to dissolve the marriage of spouses of whom one is domiciled within the state and the other is domiciled outside the state, unless the spouse who is not domiciled in the state (a) has permitted the other spouse to acquire a separate home; or by his misconduct has ceased to have the right to object to …

Status Of The Proceeds Of Life Insurance Under The Community Property System, Fred W. Catlett

Washington Law Review

The vast and increasing amount of money invested in policies of life insurance in the states having a community property system makes the status of the proceeds of such policies under that system of very general interest, and renders it highly desirable and important that the laws as to such contracts should be worked out with dispatch, definiteness and certainty The fact that there are in the community property states different theories as to the character and extent of the wife's interest and different statutes affecting the determination of the rights of the spouses has led to somewhat varying results. …

Liability Of The Entire Community Estate For The Payment Of State Inheritance Tax Where Husband Undertakes To Dispose Of Entire Community Estate By Will And Wife Elects To Take Under The Will, Judson F. Falknor

Washington Law Review

The question suggested by this topic has not been passed upon by the Supreme Court of this state and has already proven troublesome in a good many pending estates. In this paper, the problem will be discussed from the standpoint of the local inheritance tax and community property statutes, without any especial attention to the similar question which arises under the federal estate tax laws. However, while the state tax and the Federal tax are undoubtedly fundamentally different in their nature, it is thought that the solution of the problem as to the state tax will likewise solve it as …

Parent And Child-Workmen's Compensation Claimed By Delinquent Child

Indiana Law Journal

No abstract provided.

The Validity Of Void Divorces, Fowler Vincent Harper

Articles by Maurer Faculty

No abstract provided.

Book Review. Richmond, M. E. And F. S. Hall, Marriage And The State And May, G., Marriage Laws And Decisions In The United States, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Injunctive Control Of Family Relations, Roy Mitchell Moreland

Kentucky Law Journal

No abstract provided.

Does Equity Protect Property Rights In Domestic Relations?, Thomas D. Theobald Jr.

Kentucky Law Journal

No abstract provided.

Marriage As Part Performance In Relation To The Statute Of Frauds, H. H. Fuson

Kentucky Law Journal

No abstract provided.

Husband And Wife-Tort Action By Wife Against Husband

Indiana Law Journal

No abstract provided.

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 …

Incompatibility Of Parties As Ground For Divorce, E. B. Herald

Washington Law Review

This brief note is concerned with two recent decisions in the State of Washington touching the law of divorce, Shaw v. Shaw, decided August 22, 1928, by Department One, and Haller v. Haller, decided October 8, 1928, by Department Two. The facts of both cases turn upon incompatibility or the inability of the parties to live together. In the Shaw case the court holds that since the enactment of the Session Laws of 1921, p. 331, this is no longer ground for divorce in this state. In the Haller case the other department of the court apparently holds that it …

Book Reviews

Michigan Law Review

A collection of book reviews by multiple authors.

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

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 …

Book Review. Cases On Domestic Relations By Joseph Warren Madden, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.

Book Review. Madden, J. W., Cases On Domestic Relations And Mccurdy, W. E., Cases On The Law Of Persons And Domestic Relations, Ralph F. Fuchs

Articles by Maurer Faculty

No abstract provided.

Breach Of Promise Suits, Robert C. Brown

Articles by Maurer Faculty

No abstract provided.

Tema Propuesto Para Las Oposiciones Al Premio De Derecho Civil, Miguel A. Gavilondo Y Lerena

Mario Diaz Cruz Pamphlets

Primer Curso, efectuadas en Julio 3 de 1929.

Contents: 1. La emancipación--2. Emancipación por concesión y por matrimonio--3. Limitaciones de los emancipados--4. ¿Deben subsistir las limitaciones del articulo 317 del Codigo Civil?--5. Criterio de los codigos aleman y suizo, sobre los emancipados.

Motor Vehicle--Family Purpose Doctrine--Adult Son, R. P. Holland

West Virginia Law Review

No abstract provided.

Time Of Entry Of Interlocutory Decree Of Divorce As Affecting Date Of Final Decree, F. C. Hackman

Washington Law Review

The neglect of parties to divorce suits to file the interlocutory decree in their respective suit on the day of rendition or promptly, and, in order to remedy such omission, the procuring at some subsequent time of the entry of the interlocutory decree nue pro tune as of the date of rendition, the entry of final decrees on the last day of the period of six months which must elapse before a final decree may be lawfully entered, are practices of omission or commission common enough, and which so vitally concern the status of the parties interested, as to deserve …

Father's Consent To Unlawful Employment Of Infant Son In Dangerous Occupation As Bar To Recovery In Action By Father For Son's Death, Hugh R. Warder

West Virginia Law Review

No abstract provided.

Cases Of The Law Of Persons And Domestic Relations, By William E. Mccurdy, Robert C. Brown

Indiana Law Journal

No abstract provided.

Divorce Under The Indiana Law, For Abandonment, Cruelty Or Failure To Provide, W. W. Thornton

Indiana Law Journal

No abstract provided.