The Law of Husband and Wife, of Parent and Child, Guardian and Ward, Master and Servant

The Law of Husband and Wife, of Parent and Child, Guardian and Ward, Master and Servant

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ...that can be entered into, should be valid when obtained by duress, when all other contracts obtained by duress are void. It was an ofiense at common law forcibly to take away a woman and to marry her. By various statutes in England, it is made felony so to marry a woman of substance. It ' The civil law established the same age of consent in the parties to the marriage contract with the common law; and it was probably from the civil law that the principle was first adopted. 1 Bl. Com., 436; Co. Litt., 78, 6; Inst., 1-10; De Nuptiis. But this has generally been considerably varied by statute in the different States. See further on this subject, Parent and Child, post, Chap. II. and notes. See Co._Litt., 780; 1 Bish. M. & D., 151. 3 Mr. Bishop (citing authorities) lays down the rule that marriages, where one of the parties is below the age of seven, are void; when over that age, merely voidable. 1 Bish. M. dz D., 153. The subject is now generally governed by statute. I 4 But later authors generally agree that a marriage obtained by fraud or duress is void. 2 Kent Com., 76, '77; 2 Parsons on C0ntr., 82. The subject is now generally regulated by statute. is diflicult to conceive that such a marriage could ever have been deemed valid. For the case itself precludes the idea of contract, which is essential to render a marriage valid. But the admission, as a witness, of such a wife, against such a husband, is conclusive proof that such marriage is void. 1 Hale, 661; State Trials, 455. A marriage by an idiot or lunatic (except in a lucid interval) is invalid. " If his want of understanding be such that he ought not to be bound by other contracts, neither ought he to be bound by his contract of marriage.' ' 1 more

Product details

  • Paperback | 220 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236981154
  • 9781236981158