Family Law Commons^™

Jurisdiction To Divorce, James L. Parks

University of Missouri Bulletin Law Series

It is generally conceded by American authority that a divorce granted by a court, when neither party to the marriage is domiciled within its jurisdiction, is invalid, and this is the rule even though the defendant submits himself to the court's action. This proposition is said necessarily to result "from the right of every nation or state to determine the status of its own domiciled citizens or subjects, without interference by [other] tribunals in a matter in which they have no concern." So long as the parties have a common domicile, the matter of jurisdiction to divorce is one of …

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

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 …

The Recognition Of Foreign Decrees Of Divorce, Wm. Turney Fox

West Virginia Law Review

The question of the recognition of foreign decrees of divorce is one of real and growing importance. The conflict of law that exists in this country, where divorces are granted by one state and their validity tested in another, is one that is familiar to the legal profession. In fact, it is familiar to the public generally. The unfortunate situation of persons legally divorced in one state and not in another; of a second marriage valid in one state, declared invalid in another; and the general confusion resulting from such conflict is constantly presented to the public through the daily …

Divorce--Effect Of General And Penal Restrictions On Extraterritorial Subsequent Marriages Of Divorced Persons, C. P. W.

West Virginia Law Review

No abstract provided.

Devise To A Wife Of Interest In Remainder Which She Would Take By Descent, Paul L. Sayre

Indiana Law Journal

No abstract provided.

The Custody Of Children, Robert C. Brown

Indiana Law Journal

No abstract provided.

Escritos De Dúplica De La Sra. Margarita Leyle -Vidal Viuda De Herrera Y Doña Caridad Y Don Sergio Herrrera Y Leyte-Vidal, Bufete De Andreu Y Lasaya

Mario Diaz Cruz Pamphlets

Folleto referente a los fundamentos de hechos y razones legales contenidos en los escritos de dúplica de la Sra. Margarita Leyle -Vidal viuda de Herrera y Doña Caridad y Don Sergio Herrra y Leyte-Vidal en el juicio declarativo de mayor cuantia establecido por Don Francisco Sobredo en representación de sus menores hijos, reclamando el cuareta por ciento de la herencia del Dr. Francisco Herrera y Céspedes.

Reasonable Doubts Under The Non-Support Act In West Virginia, C. N. Campbell

West Virginia Law Review

No abstract provided.

Ruling On Demurrer To Petition For Annulment Of Marriage, Theophilus J. Moll

Indiana Law Journal

This is a ruling on demurrer by Judge Moll in In Re Marriage of Henry R. Steinkuhler and Elizabeth P. Bowman, Superior CT. No. 35298. It gives a judicial pronouncement in a most unusual legal action

The Evidential Force Of Habit And Repute As Opposed To The Substantive Law Concerning Marriage, Burton J. Wheelon

Washington Law Review

The Washington decisions have settled beyond a doubt that a valid marriage can not take place in this state in any manner other than that prescribed by statute. The statutes were originally enacted in 1854 and have come down to us with practically no alterations and with but few additions. As early as 1892 it was decided that the statutory requirements were mandatory, that a ceremony was essential and that common law marriages, in this state, were invalid. Thus the substantive law has become fixed.

Evidence--Admissibility Of A Son's Admissions Against His Father, J. E. W.

West Virginia Law Review

No abstract provided.

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.

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. …

Compromise Of Claims Based Upon Personal Injuries To Minors, James M. Guiher

West Virginia Law Review

No abstract provided.

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 …

Courts--Jurisdiction To Vacate Order Of Adoption After Term (Comment On Recent Cases), Bernard C. Gavit

Articles by Maurer Faculty

No abstract provided.

Bufete De Fernández Supervielle, Francisco Herrera Y Céspedes

Mario Diaz Cruz Pamphlets

Folleto contentivo del escrito de réplica presentado por el Doctor Francisco Sobredo y Ramos en el juicio seguido a nombre de sus menores hijos Sergio Antonio y Rosa Margarita Sobredo y Herrera, reclamando el reconocimiento de los derechos correspondientes a dichos menores en la herencia del abuelo materno de los mismos.

Don Francisco Herrera y Céspedes.

Habana, Diciembre de 1926.

Emancipation As Affecting The Disabilities Of Infants, Eugene B. Cochran

Kentucky Law Journal

No abstract provided.

The Statute Of Legitimization And Adoption, Everett Lewis Dodrill

West Virginia Law Review

Legitimation and adoption are institutions unknown to the common law. They are purely creatures of statutes, borrowed from the civil and canon law, in those jurisdictions where the common law prevails. Statutes, providing for the legitimation and adoption of children, however, have become common in the United States, and these Civil Law institutions have been woven into the fabric of common law notions. The development has been especially interesting in the field which we know as the Conflict of Laws. It is the purpose of this paper to examine these institutions with a view to determine under what circumstances, and …

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.

Husband And Wife, Domicile Of Wife, H. L. S. Jr.

West Virginia Law Review

No abstract provided.

Dower In Judicial Actions, Clarence E. Martin

West Virginia Law Review

No abstract provided.

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

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 …

Domicile Of A Married Woman, The, James L. Parks

University of Missouri Bulletin Law Series

Originally the rule was that the domicile of a married woman was that of her husband. It made no difference what the actual facts were, a wife would not be heard to say that she had a separate domicile. This notion was largely due to the law's conception of a married couple as one person, which idea was based on a wife's duty to be with her husband, he in turn being bound to support her.

Matrimonial Property And The Conflict Of Laws, Herbert F. Goodrich

West Virginia Law Review

No abstract provided.

Matrimonial Property And The Conflict Of Laws, Herbert F. Goodrich

Articles

"This discussion forms the basis of a chapter in a text book on conflict of laws in preparation by the writer for The West Publishing Co., and appears with the permission of the publishers."-- Footnote

Domestic Relations--Alienation Of Affections--Recovery For Partial Alienation--Motive, C. L. W.

West Virginia Law Review

No abstract provided.