The Law of Persons and of Domestic Relations

Cover
Callaghan, 1920 - 520 Seiten
 

Ausgewählte Seiten

Inhalt

IITHEIR LEGAL RESPONSI
61
Mental Capacity as an Element in the Commission of
68
Torts of or Relative to Insane Persons
74
CHAPTER IV
83
CHAPTER V
93
Citizenship
101
Nonresident Aliens
111
B THE LAW OF DOMESTIC RELATIONS PART IVHUSBAND AND WIFF
121
The Presumption of Legitimacy
122
CHAPTER VIII
123
Capacity of the Parties
125
The Marriage Ceremony or Contract
136
Duress or Fraud in the Marriage Contract
142
Conflict of Laws as to Marriage
146
Jurisdiction Arises from Wards Domicil Residence
149
CHAPTER IX
150
Divorce Distinguished from Annulment of Marriage
152
Absolute and Limited Divorces
153
The Causes for Divorce
155
Defenses Peculiar to the Divorce Action
161
Divorce Actions Are Sui Generis
166
The Validity of Foreign Divorces
167
The Validity of Divorces Granted in Other States of the Union
169
The Conflicting State Decisions
171
The United States Supreme Court Decisions of 1901
173
The Haddock Case
175
Estoppel to Question a Divorce Judgment
178
APPENDIX TO CHAPTER IX
180
CHAPTER X
189
The Duties Common to Both
191
The Rights and Duties of the Wife
198
Lack of Legal Remedy to Enforce Conjugal Rights
199
B As against third parties 59 The Rights of the Husband 60 The Husbands Action for Criminal Conversation
200
The Husbands Action for Alienation of the Wifes Affec
202
tions 62 The Husbands Action for Loss of the Consortium by Per sonal Injuries to the Wife
206
The Corresponding Rights of the Wife
208
CHAPTER XI
213
Rights Vested Under Prior Laws Are Not Taken Away by Statutory Changes
214
The Unity of Husband and Wife the Basis of the Common
215
The Common Law Modified First by Equity Secondly by Statute
216
Of the Right Gained by the Husband by the Marriage in the Wifes Real Estate
217
In Her Personal Property in Possession
218
In Her Paraphernalia 71 In Her Chattels Real 72 In Her Choses in Action
219
In Her Earnings
223
The Wifes Equity to a Provision from Her Choses in Action
225
The Liabilities Cast Upon the Husband by the Marriage A For prenuptial liabilities of the wife
227
B For the Torts of the Wife
228
C For her Acts as his Agent
232
To Act as Agent Donee of a Power or Trustee
260
To Sue and Be Sued 89 A As to Suits by Husband and Wife
262
B As to Suits against Husband and Wife
264
CHAPTER XIII
267
Postnuptial Contracts of an Executory Nature
271
Contracts for Separation or Separate Maintenance
275
Executed Contracts Between Husband and Wife A Deeds
281
B Gifts
283
Common Property Interests Between Husband and Wife A Tenancy by the Entirety
287
B Larceny between Husband and Wife
289
C Adverse Possession and the Statute of Limitations be tween Husband and Wife
290
99 Suits Between Husband and Wife
291
CHAPTER XIV
295
B In her personal estate
298
Five Methods of Barring Dower
305
e Divorce or elopement of the wife
311
CHAPTER XV
318
The Effect of the Doctrine of Sole and Separate Estate
325
Judicial Interpretation of the Reform Statutes
332
CHAPTER XVII
339
The Reciprocal Duties of Parent and Child
352
The Fathers Duty to Protect and to Educate the Child
353
The Fathers Duty to Support the Child
355
Support of the Children of Divorced Parents
358
The Fathers Liability to Third Persons for His Childs Torts
360
The Rights of the Father 130 The Fathers Right of Custody and Control
362
The Fathers Right to the Childs Labor and Earnings
365
Emancipation of the Child by Contract
366
Emancipation by Marriage
369
The Fathers Rights in the Childs Property
370
CHAPTER XVIII
372
For Injuries Resulting in Death
375
For the Seduction of a Daughter
380
The Rights and Duties of the Mother
383
The Widowed Mothers Duty of Support
386
The Rights and Duties of Parents in Relation to Illegiti
387
mate Children 142 Inheritance Between the Illegitimate Child and Collateral Relatives 143 As to the Custody of Illegitimate Children
389
As to Their Maintenance and Support
390
PART VIGUARDIAN AND WARD
393
CHAPTER XIX
395
Modern Forms of Guardianship
396
The Necessity of Qualification by Giving Bond
415
CHAPTER XX
421
The Effect of Irregularities in the Sale
427
The Obligation of the Guardian to His Ward
435
The Form and Contents of the Account
441
Urheberrecht

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Seite 108 - ... undoubtedly intended, not only that there should be no arbitrary deprivation of life or liberty or arbitrary spoliation of property but that equal protection and security should be given to all under like circumstances in the enjoyment of their personal and civil rights...
Seite 215 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband...
Seite 98 - All children heretofore born or hereafter born out of the limits and jurisdiction of the United States, whose fathers were or may be at the time of their birth, citizens thereof, are declared to be citizens of the United States ; but the rights of citizenship shall not descend to children whose fathers never resided in the United States.
Seite 70 - In order to be responsible, he must have sufficient power of memory to recollect the relation in which he stands to others, and in which others stand to him ; that the act he is doing is contrary to the plain dictates of justice and right, injurious to others, and a violation of the dictates of duty.
Seite 95 - Not only may a man be a citizen of the United States without being a citizen of a State, but an important element is necessary to convert the former into the latter. He must reside within the State to make him a citizen of it, but it is only necessary that he should be born or naturalized in the United States to be a citizen of the Union.
Seite 100 - Any woman who is now or may hereafter be married to a citizen of the United States, and who might herself be lawfully naturalized, shall be deemed a citizen.
Seite 108 - Class legislation, discriminating against some and favoring others, is prohibited; but legislation which, in carrying out a public purpose, is limited in its application, if within the sphere of its operation it affects alike all persons similarly situated, is not within the amendment.
Seite 115 - States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject, and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety...
Seite 112 - It is an accepted maxim of international law, that every sovereign nation has the power, as inherent in sovereignty, and essential to self-preservation, to forbid the entrance of foreigners within its dominions, or to admit them only in such cases and upon such conditions as it may see fit to prescribe.
Seite 93 - people of the United States ' and 'citizens' are synonymous terms, and mean the same thing. They both describe the political body who, according to our republican institutions, form the sovereignty, and who hold the power and conduct the government through their representatives. They are what we familiarly call the ' sovereign people,' and every c1tizen is one of this people, and a constituent member of this sovereignty.

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