Law of the Domestic Relations: Embracing Husband and Wife, Parent and Child, Guardian and Ward, Infancy, and Master and Servant |
Contents
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Other editions - View all
Law of the Domestic Relations: Embracing Husband and Wife, Parent and Child ... James Schouler No preview available - 2015 |
Law of the Domestic Relations: Embracing Husband and Wife, Parent and Child ... James Schouler No preview available - 2018 |
Common terms and phrases
action Allen Mass Appeal appointment authority Barb benefit bind Bishop bond bound Bush Ky chancery child choses in action cohabitation common law Conn consent contract conveyance court court of chancery courts of equity coverture creditors curtesy custody damages death debts deed divorce doctrine domicile England English equity father favor fraud gift Gratt Gray Mass guardianship husband and wife infant injury interest Iowa joinder Kent land Lea Tenn legislation liable Macphers marital marriage married woman married women's acts Minn minor Miss modern mortgage N. J. Eq necessaries Ohio St parent parties Penn personal property presumption principle probate guardians purchase real estate relation rule Schouler separate estate separate property servant settlement socage spouse statute Statute of Frauds statutory sui juris suit testamentary tion tort transactions trust void voidable ward ward's Wend
Popular passages
Page 44 - 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...
Page 176 - ... including any wages, earnings, money, and property gained or acquired by her in any employment, trade, or occupation, in which she is engaged, or which she carries on separately from her husband, or by the exercise of any literary, artistic, or scientific skill.
Page 33 - marriage is a personal relation arising out of a civil contract, to which the consent of parties capable of making it is necessary. Consent alone will not constitute marriage; it must be followed by a solemnization or by a mutual assumption of marital rights, duties, or obligations.
Page 152 - ... other power incident to property in general; namely, the power of contracting debts to be paid out of it; and inasmuch as her creditors have not the means at law of compelling payment of those debts, a court of equity takes upon itself to give effect to them, not as personal liabilities, but by laying hold of the separate property, as the only means by which they can be satisfied.
Page 257 - It is a rule of the common law that "a father is not liable in damages for the torts of his child committed without his knowledge, consent, participation, or sanction, and not in the course of his employment of the child": Schouler on Domestic Relations, sec.
Page 34 - A marriage is not every casual commerce, nor would it be so even in the law of nature. A mere casual commerce without the intention of cohabitation and bringing up of children would not constitute marriage under any supposition. But when two persons agree to have that commerce for the procreation and bringing up of children and for such lasting cohabitation, that in a state of nature would be a marriage, and, in the absence of all civil and religious institutions, might safely be presumed to be,...
Page 232 - The obligation on the part of the parent to maintain the child continues until the latter is in a condition to provide for its own maintenance, and it extends no further than to a necessary support. The obligation of parental duty is so well secured by the strength of natural affection, that it seldom requires to be enforced by human laws.
Page 258 - ... and reverence ever after. They who protected the weakness of our infancy are entitled to our protection in the iiiflrmity of their age.
Page 253 - The foundation of the action by a father to recover damages against the wrongdoer for the seduction of his daughter, has been uniformly placed, from the earliest time hitherto, not upon the seduction itself, which is the wrongful act of the defendant, but upon the loss of service of the daughter, in which service he is supposed to have a legal right or interest.
Page 29 - A man, who means to act upon such representations, should verify them by his own inquiries; The law presumes that he uses due caution in a matter, in which his happiness for life is so materially involved; and it makes no provision for the relief of a blind credulity, however it may have been produced.