The Law of Persons: Or, Domestic Relations

앞표지
Callaghan, 1913 - 545페이지
 

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목차

In Her Earnings
57
The Wifes Equity to a Provision from Her Choses in Action
58
The Liabilities cast upon the Husband by the Marriage
60
B For the Torts of the Wife
62
C For Her Acts as His Agent
65
D For Her Support
70
What are Necessaries
71
The Default of the Husband
77
The Credit Must Have Been Given to the Husband
80
THE LEGAL CAPACITY OF THE MARRIED WOMAN 34 To make a Contract
82
To Convey her Real Estate
85
To Purchase Real Estate
87
To Commit Torts and Crimes
88
To Act as Agent Donee of a Power or Trustee
90
To Sue and be Sued
92
A As to Suits by Husband and Wife
93
B As to Suits against Husband and Wife
95
CONTRACTS COMMUNITY OF PROPERTY INTERESTS AND SUITS BEWEEN HUSBAND AND WIFE 43 Ante Nuptial Contracts
98
Post Nuptial Contracts of an Executory Nature
102
Contracts for Separation or Separate Maintenance
106
Executed Contracts Between Husband and Wife
110
B Gifts
113
Community of Interests between Husband and Wife
117
B Larceny Between Husband and Wife
118
Suits Between Husband and Wife
120
B In Her Personal Estate
127
Five Methods of Barring Dower
133
B Her Right of Succession in his Personal Property
141
Creation of the Sole and Separate Estate
147
MODERN REFORM LEGISLATION
154
Judicial Interpretation of the Reform Statutes
162
Absolute and Limited Divorce
168
Recrimination Con
175
The United States Census of Marriage and Divorce
182
THE LEX LOCI AS TO DIVORCE
188
The Haddock Case
194
The Capacity of An Infant as to Matters other than Contract
204
Contracts of the Infant for Necessaries
210
The Avoidance of the Contract 1 Who can Avoid
217
As to Beneficial Executed Contracts
223
Sale of the Wards Real Estate
311
The Effect of Irregularities in the Sale
314
A Guardians Power to Mortgage Lease or Purchase Real Estate
317
141 The Effect of the Guardians Contracts and Covenants
318
Release Waiver or Compromise of the Wards Claims
319
143 The Guardians Power in another State
320
144 The Obligation of the Guardian to his Ward
322
The Guardians Accounts
325
Annual Accounts and Final Accounts
326
The Form and Contents of the Account
327
THE LAW OF MASTER AND SERVANT
335
MASTER AND SERVANT THE NATURE FORMATION AND CONTINUANCE OF THE RELATION 148 The Relation of this Topic to the Subjec...
337
Apprenticeship
338
Menial and Domestic Servants
340
The Implied Contract of Hiring Services Rendered in The Family Relation
341
The Implied Contract of Hiring Substitute Servants
343
154 The Express Contract of Hiring the Right to Strike
344
The Employers Right to Discharge
345
Strikes to Compel the Discharge of an Obnoxious Work man
348
Effect of an Agreement for Periodical Payment of Wages
358
The Validity of Contracts of Hiring
359
The Question of Constitutionality Statutes Limiting the Hours of Labor
360
Limitation of Hours of Labor on Public Work
362
Restriction of the Hours of Labor of Women
364
162 Constitutionality of Statutes Compelling Weekly Payments Prohibiting Company Stores Etc
365
164
372
When the Servant quits the Service Justifiably
378
171
384
The Trade Secrets of the Master
393
180
406
The Duty of the Master in regard to Machinery and
417
The Masters Duty cannot be waived by Contract
427
193
429
197
440
200
447
MODIFICATIONS OF THE LAW OF
456
The Earlier Reform Statutes in the United States
462
210
472
Divorce distinguished from Annulment of Marriage 167
530

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471 페이지 - To justify the State in thus interposing its authority in behalf of the public, it must appear first that the interests of the public generally, as distinguished from those of a particular class, require such interference; and second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
49 페이지 - 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...
364 페이지 - That woman's physical structure and the performance of maternal functions place her at a disadvantage in the struggle for subsistence is obvious.
471 페이지 - persons and property are subjected to all kinds of restraints and burdens, in order to secure the general comfort, health, and prosperity of the State ; of the perfect right of the Legislature to do which no question ever was, or upon acknowledged general principles ever can be, made, so far as natural persons are concerned.
153 페이지 - THE real and personal property of any female who may hereafter marry, and which she shall own at the time of marriage, and the rents, issues, and profits thereof, shall not be subject to the disposal of her husband, nor be liable for his debts, and shall continue her sole and separate property, as if she were a single female.
365 페이지 - The two sexes differ in structure of body, in the functions to be performed by each, in the amount of physical strength, in the capacity for long-continued labor, particularly when done standing, the influence of vigorous health upon the future well-being of the race, the selfreliance which enables one to assert full rights, and in the capacity to maintain the struggle for subsistence.
31 페이지 - The husband also, by the old law, might give his wife moderate correction. For, as he is to answer for her misbehavior, the law thought it reasonable to entrust him with this power of restraining her by domestic chastisement, in the same moderation that a man is allowed to correct his apprentices or children, for whom the master or parent is also liable in some cases to answer.
460 페이지 - But what the master is, in my opinion, bound to his servant to do in the event of his not personally superintending and directing the work, is to select proper and competent persons to do so, and to furnish them with adequate materials and resources for the work.
367 페이지 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by courts of justice.
418 페이지 - ... will be regarded as proof of culpable negligence. If an occupation attended with danger can be prosecuted by proper precautions without fatal results, such precautions must be taken by the promoters of the pursuit or employers of laborers thereon. Liability for injuries following a disregard of such precautions will otherwise be incurred, and this fact should not be lost sight of.

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