The Law of Persons: Or, Domestic Relations

Sprednja platnica
Callaghan, 1913 - 545 strani
 

Vsebina

31
71
THE LEGAL CAPACITY OF
82
To Commit Torts and Crimes
96
46
102
47
113
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
Incidents of the Estate
149
The General Course and Effect of American Legislation
160
76
170
The United States Census of Marriage and Divorce
182
THE LEX LOCI AS TO DIVORCE
188
The Haddock Case
194
84
204
88
213
92
219
96
226
Liability of an Infant for Torts
234
THE RELATION OF PARENT AND MINOR CHILD I
240
104 Legitimation by Marriage after Birth of the Child
241
105 The Presumption of Legitimacy
242
Adoption
246
The Reciprocal Duties of Parent and Child
252
The Fathers Duty to Protect and Educate the Child
253
The Fathers Duty to Support the Child
254
Support of the Children of Divorced Parents
257
The Fathers Liability to Third Persons for his Childs Torts
259
The Rights of the Father
261
The Fathers Right to the Childs Labor and Earnings
263
Emancipation by Marriage
265
The Fathers Rights in the Childs Property
266
THE RELATION OF PARENT AND MINOR CHILD II
268
119 For Injuries Resulting in Death
270
For the Seduction of a Daughter
275
The Rights and Duties of the Mother
278
The Widowed Mothers Duty of Support
280
The Rights and Duties of Parents in Relation to Illegitimate Children
281
Inheritance between the Bastard and Collateral Relatives
282
125 As to the Custody of Illegitimate Children
283
As to their Maintenance and Support
284
GUARDIAN AND WARD I
285
Modern Forms of Guardianship 1 Guardianship by Nature
286
Testamentary Guardianship
292
3 Guardianship by Judicial Appointment
297
Jurisdiction Arises from Wards Domicil Residence or Ownership of Property
298
The Selection of the Guardian
299
165 The Time of Payment
373
B After Breach of Contract by the Servant 1 When the Contract is an Entire One
374
2 When the Contract is a Separable One
376
When the Servant quits the Service Justifiably
378
After Breach of the Contract by the Master 1 What Constitutes such Breach
380
The Remedies of the Servant
383
The Theory of Constructive Service
384
The Measure of Damages
386
D In Case of Failure of the Contract without Fault of either Party
389
174 The Trade Secrets of the Master
393
175 The Inventions and Discoveries of the Servant
395
The Masters Liability to Third Persons for the Servants Torts
397
When the Master is a Common Carrier or HotelKeeper
402
The Exception as to the Acts of an Independent Contractor
404
179 The Exception as to Public Corporations preforming a Governmental Duty
405
The Exception as to Charitable Corporations
406
181 The Exception by which a Master is not liable to One Ser vant for the Negligent Acts of Another
408
MASTER AND SERVANT III
409
The Duties of the Master
413
The Duty of the Master in regard to Machinery and Ap pliances
417
186 The Masters Duty to Provide Competent FellowServants
419
The Duty of the Master as to Supervision and Regulation of the Labor on which the Servant is Engaged
420
To Instruct and Warn the Servant
422
To Provide Proper Direction of the Work
425
192 The Masters Duty cannot be waived by Contract
427
THE EMPLOYERS LIABILITY CONTINUED THE RISKS ASSUMED BY THE SERVANT 8193 General Classification
429
The Risk of his Own Negligence
430
The Risk of Known and Obvious Dangers
435
Assumption of the Risk as Effected by Duress or Threat of Discharge
440
The Risk of the Negligence of his FellowServant
442
The General Requisites of a FellowServant
444
200 The Exception as to a Servant of Superior Grade having Authority over the Plaintiff
447
The Exception as to Servants in Different Departments
448
The Exception as to the VicePrincipal
450
MODIFICATIONS OF THE LAW OF THE MASTERS LIABILITY BY STATUTE 203 Criticisms of the FellowServant Rule
456
204 Criticisms of the Rule Concerning Assumption of the Risk
461
The Earlier Reform Statutes in the United States
462
206 The English Workmens Compensation Act
463
207 The German System of Workmens Insurance
466
208 The Constitutionality of Workmens Compensation Acts
467
The New York Workmens Compensation Act of 1910 held Unconstitutional
468
The Washington Workmens Compensation Act held Con
472
stitutional
473
The Massachusetts Ohio and Wisconsin Acts
474
The Present Situation
477
Divorce distinguished from Annulment of Marriage 167
530
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Stran 364 - That woman's physical structure and the performance of maternal functions place her at a disadvantage in the struggle for subsistence is obvious. This is especially true when the burdens of motherhood are upon her. Even when they are not, by abundant testimony of the medical fraternity continuance for a long time on her feet at work, repeating this from day to day, tends to injurious effects upon the body, and, as healthy mothers are essential to vigorous offspring, the physical well-being of woman...
Stran 475 - A person has no property, no vested interest, in any rule of the common law. That is only one of the forms of municipal law, and is no more sacred than any other.
Stran 469 - 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.
Stran 49 - 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...
Stran 469 - 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.
Stran 162 - This act shall be so interpreted and construed as to effect its general purpose to make uniform the law of those States which enact it.
Stran 469 - ... to establish for the intercourse of citizens with citizens those rules of good manners and good neighborhood which are calculated to prevent a conflict of rights, and to insure to each the uninterrupted enjoyment of his own so far as is reasonably consistent with a like enjoyment of rights by others.
Stran 396 - If one is employed to devise or perfect an instrument, or a means for accomplishing a prescribed result, he cannot, after successfully accomplishing the work for which he was employed, plead title thereto as against his employer. That which he has been employed and paid to accomplish becomes, when accomplished, the property of his employer.
Stran 153 - 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.
Stran 441 - The general rule resulting from considerations as well of justice as of policy is that he who engages in the employment of another for the performance of specified duties and services, for compensation, takes upon himself the natural and ordinary risks and perils incident to the performance of such services, and, in legal presumption, the compensation is adjusted accordingly.

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