Home >> Cyclopedia-of-law-vol-3 >> Rights And Duties Considered to Wifes Necessaries When Living_2
Loading

Rights And Duties Considered
Rights And Duties Considered. Every Right Implies The Active Or Passive Furtherance On The Part Of Others, And Such On Their Part Is Said To Be Their Duty. Hence The Terms "rights" And "duties" Are Correlative, Or Express The Same State Of Facts Viewed From Opposite Sides. That Is, Persons ...

Rights And Duties Of
Rights And Duties Of Guardian. Subject To The Regulation Of The Court, A Of The Person Of A Ward Is Entitled To The Custody Of His Ward Not Only As Against The Wishes Of Near But Also As Against The Wishes Of A Parent. Appeal, 21 Pa. St., 331; 31 ...

Rights And Liabilities Of
Rights And Liabilities Of The Ward. During The Guardianship The Ward May Restrain The Guardian From Committing Waste, And May File An Action By His Next Friend For An Accounting. Also When The Guardianship Has Terminated He Has An Action For An Account. This Action Must Be Brought In A ...

Rights Are Absolute And
Rights Are Absolute And Relative. Considered In Their Natural The Rights Of Persons Are Either, 1, Absolute. Or, 2, Relative. Absolute Rights Are Those Which Belong To Human Beings As Such, And Which It Is The Duty Of Every To Respect; They Belong To Men As Individnak Or Single Persons. ...

Rights Of The Parents
Rights Of The Parents. The Power Of Parents Over Their Children, According To Blackstone, Is Derived From And Incident To Their Duty. The Power Being Given, Partly To Enable The Parent More Effectually To Perform His Duty, And Partly As A Recompense For The Care And Trouble Incident To A ...

Rights Under The Contract
Rights Under The Contract. The .consideration In The Contract Of Hiring Is The Service Rendered On The One Side And The Wages To Be Paid On The Other. When The Contract Is Ended, As Provided By Its Terms, Or By Mutual Agreement, The Servant Is Entitled To The Wages Due ...

Sale Of Real Estate
Sale Of Real Estate By Guardian. The Guardian Cannot Sell The Ward's Real Estate Without An Order Of Court. The Proceeding Is, Usually : 1, To Petition The Court For A License To Sell, Stating The Reason For So Doing, Which Is The Insufficiency Of The Ward's Other Property; 2, ...

Scope Of This Treatise
Scope Of This Treatise. Blackstone's Division, "rights Of Persons," Includes The Subject Of Constitutional Law, Domestic Relations, And Corporations, But The Present Treatise Is Not Intended To Cover The Same Ground. As Each Of These Subjects Is Designed To Be Treated Separately In The Home Law School Series. The Subject ...

Security Of Body
Security Of Body. The Body As Well As The Members Useful For Offense Or Defense Are Entitled To Protection From Corporal Insults Of Every Kind. Injuries To The Body And Limbs Of A Person May Be In The Way Of A Threat, Assault, Wounding Or Mayhem, Each Of Which We ...

Security Of Limbs
Security Of Limbs. Next To A Man's Life, The Common Law Regarded The Limbs Or Members Of A Person Which Are Useful To Him In Fight. These, In The Language Of Blackstone, Are Also The Gift Of The Wise Creator, To Enable Man To Protect Himself From External Injuries In ...

Selfdefense And Duress
Selfdefense And Duress. In Defense Of Life And Limbs, When Attacked, A Man Is Pardoned Though He Take The Life Of His Adversary. His Resistance And Acts Are As Done Upon Necessity And Compulsion. So, Where A Man In Fear Of Death Or Mayhem, Is Compelled To Execute A Deed ...

Separation
Separation. The Separation Of A Married Pair Is To Be Distinguished From Divorce, As It Only Involves A Cessation Of Domestic Intercourse And Not A Dissolution Of The Marriage. The Parties United In Form But Fact. The Of The Relation Still Exist And The Parties Simply Escape Domestic Infelicities. This ...

Servants Rights And Liabilities
Servant's Rights And Liabilities As Regards The Master. The Assumes The Risks Ordinarily Incident To His After The Master Has Performed His Duty As Stated In The Previous Section. And If He Learns Of Defects In The Machinery Or Appliances, Or Of The Of His Fellowservants, And Makes No He ...

Services And Earnings
Services And Earnings. The Parent Is Entitled To His Child's Services And Earnings Until He Is Of Age, Unless He Emancipates The Child And Compels Him To Support (r Bl. Com., 453; Gale V. Parrot, R N. H., 28; Hall V. Hall, 44 N. H., 293.) After Corning Of Age ...

Slander
Slander. Is Oral Defamation, By Speaking Malicious, And Untrue Words Tending To The Damage And Derogation Of A Person. Damages May Be Recovered By In Each Of The Following Cases: 1, For Words Falsely Spoken Of A Person, Which Impute To Him The Of Some Criminal Offense Involving Moral For ...

Some General Principles
Some General Principles. The Husband's Vested Rights In His Wife's Property Cannot Be Impaired By Legislation. V. Hanks, 136 U. S., 30o.) Hence Property By The Husband Before The Passage Of The Acts Could Not Be Taken As The Property Of The Wife, But Afteracquired Property May Be Declared To ...

Statutory Changes
Statutory Changes. State Statutes Quite Generally Release The Husband From Liability For The Debts Of The Wife Contracted Before Marriage. In A Few States He Is Still Liable For Such Debts; First, To The Extent Of Any Acquired From The Wife By An Antenuptial Second, To The Extent Of Any ...

Statutory Formalities
Statutory Formalities. Though By The Law Of Nature And Reason There Is No Need Of Marriage Formalities Beyond The Evidenced Assent Of The Parties, Yet By Statute, May Be Required And Made Necessary To A Valid Legal Marriage. Peculiar Forms And Ceremonies Have Characterized Marriages Among All Nations, And These, ...

Subordinate Rights Mentioned By
Subordinate Rights Mentioned By Blackstone. In Addition To The Three Great Primary Rights Of Personal Security, Liberty And Private Property, Blackstone Observes That The Constitution Of England Has Established Other Auxiliary Subordinate Rights Of The Subject, Which Serve As Outworks To Protect And Maintain The Others, And Does Not Suffer ...

Summary Of Modern Legislation
Summary Of Modern Legislation. "the Property, Both Real And Personal, Which Any Married Woman Now Owns As Her Sole And Separate Property; That Which Comes To Her By Descent, Devise, Bequest, Gift, Ur Grant; That Which She Acquires By Trade, Labor, Or Services, Carried On Or Performed On Her Sole ...

Summary Of Principles
Summary Of Principles. 1. None Of The Disabilities Incident To Married Women Are Imposed Upon The Condition Of A Married Man, Who Is As Free To Receive Title To And Dispose Of It After Marriage As Before, With The Exception That He Cannot By Any Conveyance The Inchoate Right Of ...

Summary Of Principles_2
Summary Of Principles. While The Husband And Wife It Is Usually For The Husband To Show Want Of Authority' In The Wife To Purchase Necessaries; When They Are Apart The Seller Must Prove Authority, Or That The Wife Needed The Goods, And Was Not At Fault. 2. The Wife's Right ...

Support And Service
Support And Service. The Is Bound To Provide The Family Support And Means Of Living, And The Wife For Her Part Must Render Such Services As Are Incident To The Care Of The House And Its Contents; The One Is Equivalent Of The Other, And The Wife Is Not Entitled ...

Support
Support. The Common Law, As Well As Its Great Commentator, Recognized That The Protection To Life And Limb Might Prove Futile, Unless Some Provision Were Made For The Of A Livelihood Or The Means Of Support In All Cases. In This Connection Blackstone Observes, "there Is No Man So Indigent ...

Teacher And
Teacher And At Common Law Education Was Furnished By The Parent By Means Of Private Tutors Or Instructors, And The Tutor Or Was Regarded As Standing In Loco Parentis And With Sufficient Delegated Power From The Parent To Control The Pupil. (1 Bl. Com., 453.) Now The Public Schools Are ...

Termination Of The Guardians
Termination Of The Guardian's Authority. Guardianship Lasts Until The End Of The Period For Which It Was Instituted, But It May Be Sooner Terminated By The Death Or Marriage Of The Ward; And The Authority Of A Particular Guardian May Be Terminated By Death, Resignation Or Removal Before The Period ...

Termination Of The
Termination Of The The Relation Is Terminable In Various Ways; 1, At The Expiration Of The Term Of Service, Or By The Death Of Either Party; 2, It May Be Terminated Before The Expiration Of The Contract, By Mutual Agreement, Whether Provided In The Contract Or Not; By The ...

The Child As Agent
The Child As Agent Of The Parent. The Father Is Not Bound For The Debts Or Contracts Of His Child In The Absence Of An Express Or Implied Authority Given The Child. (cromwell V. 41 Barb., 558.) But Very Slight Circumstances May Raise The Implied Assent Of The Parent. (bradford ...

The Childs Property
The Child's Property. As A General Rule The Parent Has No Right To The Child's Property Or Real Estate. But Clothing And Other Articles Given The Child By The Parent Is The Property Of The Parent. (prentice V. Decker, 49 Barb., 2.) Usually, Where Gifts, Legacies, Distributive Shares, And The ...

The Contract Of Hiring
The Contract Of Hiring; When To Be In Writing. The Relation Is Created When The Servant Is Employed, Not By The Directly', But By Some Employe In Charge Of A Part Of The Business, With Authority To Engage Assistants. (rummell V. Dilworth, Iii Pa. St., 343.) By The Statute Of ...

The Court Appointing
The Court Appointing. As We Have Seen The Chancery Courts Have Been Superseded In This Country By The Special County Courts, As Probate, Orphans', Surrogate, Etc., Which Usually Issue The Letters Of Guardianship Under Their Official Seal. In Some States The Chancery And County Courts Exercise Jurisdiction. See Sellout., D. ...

The Effect Of The
The Effect Of The Protection Of Absolute Rights. The Effect Of Protecting Absolute Rights Is The Establishment Of Civil Liberty. The Law In Defining Rights And Their Recognition Indicates That Its Desire "is Not So Much The Limitation As The Direction Of A Free And Intelligent Being Or Agent To ...

The Eminent Domain
The Eminent Domain. Both Federal And State Constitutions Recognize That The Private Right Of An Individual To Specific Property Must Yield To The Eminent Domain Of Government, Whenever The Public Good Requires It. But To Avoid Hardships And Equalize The Burden The Owner Of The Property So Taken Is Given ...

The Establishment Of Absolute
The Establishment Of Absolute Rights. Absolute Rights, Though Founded On Nature And Reason, Owe Their Establishment And Recognition To Human Laws And Authority. As Notes, They Are Subject To Elevation Or According To The Character Of The Government On Which Their Nurture Depends; And Their In Every Instance, Is Characterized ...

The Executory Agreement To
The Executory Agreement To Marry. The Agreement To Marry Is Quite In Its Nature And Consequences From That Natural Consent To Present Marriage Which Results In The Status. It Is A Mere Executory Contract Founded Upon A Consideration, Which Consideration In Most Cases Is The Mutual Promises Of The Parties, ...

The Family
The Family. The Most Important Incident Of The Marriage Relation Is The Establishment Of A Group Unit Called The Family. The Very Word Denotes, In Its Ancient Signification, A Group Around An Altar For Religious Service. These Being Conducted By The Father Or Husband, He Naturally Came To Be Called ...

The Law Creates And
The Law Creates And Preserves Rights. "the End Of The Law," Says Locke, "is Not To Abolish Or Restrain, But To Preserve Or Enlarge Freedom." The Means By Which Law Regu Lates Society And Enhances The Welfare Of Individuals Is By The Creation And Protection Of Legal Rights. As An ...

The Masters Duty To
The Master's Duty To His It Is The Master's Duty: 1. To Exercise Due Care In Providing And Repairing Suitable Machinery And Appliances For Carrying On The Business For Which He Employs The Servant. (hough V. Railroad Co., Ioo U. S., 213.) 2. To Exercise Due Care In Providing A ...

The Negligence Of Parents
The Negligence Of Parents. Some Cases Charge Or The Negligence Of Parents Or Those Having Charge Of Infants To The Infants Themselves; As Where A Quite Young Child Is Negligently Permitted To Run In The Highway, And Is There Injured. (hartfeld V. Roper, 21 Wend., 617.) The Rule Of The ...

The Parents As Natural
The Parents As Natural Guardians. Ouite Generally The Father, And On His Death The Mother, Is Regarded As The Natural Guardian Of The Person Of The Ward, But Neither Parent Is Recognized As The Guardian Of The Property Corning To The Child By Gift, Devise. Etc., Unless So By A ...

The Relation In Modern
The Relation In Modern Law. As We Have Seen The Relation Of Master And Servant Today Is Simply That Of Employer And Or Principal And Agent. It Arises From A Contract, Express Or Implied, And With A Few Exceptions Might Be Treated As Any Other Contract. The Common Law Classes ...

The Right To Work
The Right To Work. As Noticed In An Earlier Section, Absolute Rights, Though Founded In Nature, Are Dependent Upon Human Laws For Their Recognition, And This Recognition Is Developmental Rather Than Institutional. We Now To Some Extent The Right Of Education By The Com Mon School System, Supported By Income ...

The Three Primary Classes
The Three Primary Classes Of Absolute Rights. The Absolute Rights Of Individuals, In Those Countries Where Liberty Has Had Its Fullest Growth, Are Arranged In Three Principal Or Primary Articles: T, The Right Of Personal Security; 2, The Right Of Personal Liberty; 3, The Right Of Private Property. The Rights ...

The Wifes Personal Property
The Wife's Personal Property At Common Law. By The Common Law The Wife's Personal Property In Possession, As Money, Furniture, Farm Stock, Etc., Became The Property Of The Husband As Soon As They Were Married. Her Things, Or Choses In Action, Such As Bonds, Notes, Checks, Rents, Legacies, Etc., Became ...

The Wifes Personalty Under
The Wife's Personalty Under Modern Statutes. Modern Statutes Have Revolutionized The Wife's Property Rights. Many States Following The New York Statute Continue The Wife As Absolute Owner Of All Her Personal Property, And Separate Earnings, Whether Acquired Before Or After Marriage, Free From The Interference Or Control Of Her Husband, ...

The Wifes Property In
The Wife's Property In Equity. At Common Law, When The Husband Was Obliged To Seek The Aid Of A Court Of Equity To Recover His Wife's Property, The Court, Before Decreeing Him Possession, Would Oblige Him To Make A Reasonable Provision Out Of It For His Wife's Support And That ...

The Wifes Property
The Wife's Property. The Property Of The Wife Affected By Her Marriage Is Either Real Or Personal Property; And Personal Property Is Either In Possession, Or In Action. We Shall Inquire How These Species Of Property Were Treated After Both At Common Law And In Equity. ...

The Wifes Real Chattels
The Wife's Real Chattels And Real Estate At Common Law. The Wife's Chattels Real, As Leases And Terms For Years, The Property Of The Husband At Marriage, And He Might Sell, Assign, Mortgage Or Otherwise Dispose Of Them Without Her Consent, But Some Such Act Of Appropriation On His Part ...

The Wifes Right To
The Wife's Right To Dower In Her Husband's Realty. The Common Law Which Befriended The Husband So Much Gave The Surviving Wife, Or Widow, The Use And Enjoyment, For Her Life, Of Onethird Of All The Real Estate In Which The Husband Was Seized Of An Estate Of Inheritance At ...

The Wifes Separate Property
The Wife's Separate Property By Statute. The Equitable Doctrine Of The Wife's Separate Property Could Not Satisfy The Ideals Of Democratic America, And A More Effective Of The Common Law Rules Governing The Wife's Had To Be Made. The Married Women Turned To The Legislatures Rather Than To The Courts ...

Torts Suffered By Infants
Torts Suffered By Infants. As To Injuries And Frauds Suffered By Infants, The Principles Apply As In The Case Of Adults, With Some Enlargements Because Of Their Inexperience. Thus, A Child, Eight Years Old, Was Held To Have An Action Against One Who Sold Him Gunpowder At His Own Request, ...

Void And Voidable
Void And Voidable The Words Void And Voidable Are Used In Relation To Marriages, And It Is To Understand At The Outset The Distinction In Effects And Consequences Between A Void And Voidable Marriage. A Void Marriage Is A Mere Nullity, And Its Validity May Be Impeached In Any Court, ...

Void Divorces
Void Divorces. Divorces May Be Impeached For Want Of Jurisdiction, Since A Divorce In A Foreign Jurisdiction Against A Party Not Resident There, And Not Personally Served With Process, And Who Has Not Appeared, Is Void. (f'(.ople V. Baker, 76 N. Y., 78; Roth V. Roth, 104 Ind., 35; Hoffman ...

Voluntary Conveyances
Voluntary Conveyances. Voluntary Gifts Or Conveyances To Children Are Treated As In The Case Of Husband And Wife; While Not Favored, They Will Be Supported If Executed And Not In Fraud Of Creditors. (oakes V. Oakes, 16 Ill., 106; Brown V. Scott, 7 Vt., 57; Schoul., Dom. Rel., Sec. 270, ...

Wards Property
Ward's Property. The Guardian's Trust Is One Of Obligation And Duty, And Not Of Speculation And Profit. (2 Kent. Com., 229.) The Guardian Obligates Himself To Conform To The Power Of His Appointment, And Carry Out The Duties He Assumes With The S.aine Care And Diligence Which A Good Business ...

What Government Best Secures
What Government Best Secures Civil Liberty. According To "that Constitution Or Frame Of Government, That System Of Laws, Is Alone Calculated To Maintain Civil Liberty Which Leaves The Subject Entire Master Of His Own Conduct, Exce,. L In Those Points Wherein The Public Good Requires Some Direction Or Restraint." (i. ...

Who Are Infants Age
Who Are Infants Age Of Majority. All Persons Are Infants, In Contemplation Of Law, Until They Have Reached The Age Of Majority. The Age Of Majority Is Determined By The Municipal Law And Varies In Different Countries. Thus By The Civil Law, Which Prevails In Spain, Holland, And Parts Of ...

Who Should Be Appointed
Who Should Be Appointed Guardian. The Court Appointing Has The Widest Discretion To Appoint A Guardian For The Hest Interests Of The Child, Preference Being Given A Surviving Parent, Or A Relative. And The Court Will Be Guided But Not Controlled By The Wishes Of The Parent. (heinemann's Appeal, 96 ...

Wifes Necessaries When Living
Wife's Necessaries When Living With Her Husband. When Husband And Wife Are Living Together It Is Generally Presumed That The Wife Has Implied To Make Purchases Of Necessaries, And For Such Goods Supplied Her In Good Faith The Husband Is Prima Facie Responsible. (clifford V. Laton, 3 Car. & P., ...

Wifes Necessaries When Living_2
Wife's Necessaries When Living Apart From Her Husband. As A General Rule The Husband Is Liable For The Wife's Support If They Are Apart By His Fault, But Not Otherwise. (browne, 22.) The Separation By The Fault Of The Husband May Arise In Three Ways: First, Where The Husband Unlawfully ...