liability of heirs for breach of marriage promise

3
Liability of Heirs for Breach of Marriage Promise Source: The Virginia Law Register, Vol. 14, No. 10 (Feb., 1909), pp. 805-806 Published by: Virginia Law Review Stable URL: http://www.jstor.org/stable/1102624 . Accessed: 20/05/2014 10:39 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. . Virginia Law Review is collaborating with JSTOR to digitize, preserve and extend access to The Virginia Law Register. http://www.jstor.org This content downloaded from 195.78.109.99 on Tue, 20 May 2014 10:39:44 AM All use subject to JSTOR Terms and Conditions

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Page 1: Liability of Heirs for Breach of Marriage Promise

Liability of Heirs for Breach of Marriage PromiseSource: The Virginia Law Register, Vol. 14, No. 10 (Feb., 1909), pp. 805-806Published by: Virginia Law ReviewStable URL: http://www.jstor.org/stable/1102624 .

Accessed: 20/05/2014 10:39

Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp

.JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact [email protected].

.

Virginia Law Review is collaborating with JSTOR to digitize, preserve and extend access to The Virginia LawRegister.

http://www.jstor.org

This content downloaded from 195.78.109.99 on Tue, 20 May 2014 10:39:44 AMAll use subject to JSTOR Terms and Conditions

Page 2: Liability of Heirs for Breach of Marriage Promise

1909.] NOTtS OF CASES. 805

encouragement is needed-disregard of universally recognized pro- fessional obligations, and ultimately render the administration of jus- tice in this jurisdiction a disgrace to American civilization."

Instructrrg White People and Negroes Together.-Berea College was organized under Act March 9, 1854, authorizing the incorpora- tion of voluntary associations, which was amended in 1856 by re- serving to the General Assembly the right to alter or repeal the charter of any association formed thereunder. In Berea College v. Commonwealth of Kentucky, 29 Supreme Court Reporter, 33, it appeared that the college was fined for teaching both white and negro pupils contrary to an act passed in 1904. The point of con- tention was whether this later statute was a valid amendment of the charter. The Supreme Court of the United States held that the act prohibited any person, corporation, or association of persons from doing the acts named, and it substantially declares that any authority given by previous charters to instruct the two races at the same time in the same place is revoked, and that prohibition, being a de- parture from the terms of the original charter in this case, may properly be adjudged an amendment.

Foam and Gas Are Not Beer.-One Nylin was indicted under a statute prohibiting the sale of beer in quantities less than five gal- lons. It seems that N. had been selling cases of beer containing bottles the total capacity of which was at least five gal- lons. Persons ardent in the enforcement of the liquor law procured several of these cases and measured the contents, minus foam and gas, in measures tested by the Secretary of State. Nylin thought that gas and foam were a constituent of the amber fluid, and that the cases sold contained the required amount. The Supreme Court of Illinois in People v. Nylin, 86 Northeastern Reporter, 156, remarked tnat gas is an aeriform fluid, but not a liquor and held that the measurement intended by the statute was of the quiet liquor after it had been released from confinement and reached a quiet con- dition in the open air.

Liability of Heirs for Breach of Marriage Promise.-Promisor, in the case of Johnson v. Levy, 43 Southern Reporter, 46, and 47 Id. 422 having seduced plaintiff under promise of marriage, was killed by her father on his refusal to marry her. It was alleged that a de- mand had been made on the promisor to comply with his engage- ment to marry plaintiff, and he had refused. The Supreme Court of Louisiana held that, as a result of the putting in default, the ob- ligation to marry, which could have been fulfilled by the obligor alone, became merged in the obligation to respond in damages for

1909.] NOTtS OF CASES. 805

encouragement is needed-disregard of universally recognized pro- fessional obligations, and ultimately render the administration of jus- tice in this jurisdiction a disgrace to American civilization."

Instructrrg White People and Negroes Together.-Berea College was organized under Act March 9, 1854, authorizing the incorpora- tion of voluntary associations, which was amended in 1856 by re- serving to the General Assembly the right to alter or repeal the charter of any association formed thereunder. In Berea College v. Commonwealth of Kentucky, 29 Supreme Court Reporter, 33, it appeared that the college was fined for teaching both white and negro pupils contrary to an act passed in 1904. The point of con- tention was whether this later statute was a valid amendment of the charter. The Supreme Court of the United States held that the act prohibited any person, corporation, or association of persons from doing the acts named, and it substantially declares that any authority given by previous charters to instruct the two races at the same time in the same place is revoked, and that prohibition, being a de- parture from the terms of the original charter in this case, may properly be adjudged an amendment.

Foam and Gas Are Not Beer.-One Nylin was indicted under a statute prohibiting the sale of beer in quantities less than five gal- lons. It seems that N. had been selling cases of beer containing bottles the total capacity of which was at least five gal- lons. Persons ardent in the enforcement of the liquor law procured several of these cases and measured the contents, minus foam and gas, in measures tested by the Secretary of State. Nylin thought that gas and foam were a constituent of the amber fluid, and that the cases sold contained the required amount. The Supreme Court of Illinois in People v. Nylin, 86 Northeastern Reporter, 156, remarked tnat gas is an aeriform fluid, but not a liquor and held that the measurement intended by the statute was of the quiet liquor after it had been released from confinement and reached a quiet con- dition in the open air.

Liability of Heirs for Breach of Marriage Promise.-Promisor, in the case of Johnson v. Levy, 43 Southern Reporter, 46, and 47 Id. 422 having seduced plaintiff under promise of marriage, was killed by her father on his refusal to marry her. It was alleged that a de- mand had been made on the promisor to comply with his engage- ment to marry plaintiff, and he had refused. The Supreme Court of Louisiana held that, as a result of the putting in default, the ob- ligation to marry, which could have been fulfilled by the obligor alone, became merged in the obligation to respond in damages for

1909.] NOTtS OF CASES. 805

encouragement is needed-disregard of universally recognized pro- fessional obligations, and ultimately render the administration of jus- tice in this jurisdiction a disgrace to American civilization."

Instructrrg White People and Negroes Together.-Berea College was organized under Act March 9, 1854, authorizing the incorpora- tion of voluntary associations, which was amended in 1856 by re- serving to the General Assembly the right to alter or repeal the charter of any association formed thereunder. In Berea College v. Commonwealth of Kentucky, 29 Supreme Court Reporter, 33, it appeared that the college was fined for teaching both white and negro pupils contrary to an act passed in 1904. The point of con- tention was whether this later statute was a valid amendment of the charter. The Supreme Court of the United States held that the act prohibited any person, corporation, or association of persons from doing the acts named, and it substantially declares that any authority given by previous charters to instruct the two races at the same time in the same place is revoked, and that prohibition, being a de- parture from the terms of the original charter in this case, may properly be adjudged an amendment.

Foam and Gas Are Not Beer.-One Nylin was indicted under a statute prohibiting the sale of beer in quantities less than five gal- lons. It seems that N. had been selling cases of beer containing bottles the total capacity of which was at least five gal- lons. Persons ardent in the enforcement of the liquor law procured several of these cases and measured the contents, minus foam and gas, in measures tested by the Secretary of State. Nylin thought that gas and foam were a constituent of the amber fluid, and that the cases sold contained the required amount. The Supreme Court of Illinois in People v. Nylin, 86 Northeastern Reporter, 156, remarked tnat gas is an aeriform fluid, but not a liquor and held that the measurement intended by the statute was of the quiet liquor after it had been released from confinement and reached a quiet con- dition in the open air.

Liability of Heirs for Breach of Marriage Promise.-Promisor, in the case of Johnson v. Levy, 43 Southern Reporter, 46, and 47 Id. 422 having seduced plaintiff under promise of marriage, was killed by her father on his refusal to marry her. It was alleged that a de- mand had been made on the promisor to comply with his engage- ment to marry plaintiff, and he had refused. The Supreme Court of Louisiana held that, as a result of the putting in default, the ob- ligation to marry, which could have been fulfilled by the obligor alone, became merged in the obligation to respond in damages for

1909.] NOTtS OF CASES. 805

encouragement is needed-disregard of universally recognized pro- fessional obligations, and ultimately render the administration of jus- tice in this jurisdiction a disgrace to American civilization."

Instructrrg White People and Negroes Together.-Berea College was organized under Act March 9, 1854, authorizing the incorpora- tion of voluntary associations, which was amended in 1856 by re- serving to the General Assembly the right to alter or repeal the charter of any association formed thereunder. In Berea College v. Commonwealth of Kentucky, 29 Supreme Court Reporter, 33, it appeared that the college was fined for teaching both white and negro pupils contrary to an act passed in 1904. The point of con- tention was whether this later statute was a valid amendment of the charter. The Supreme Court of the United States held that the act prohibited any person, corporation, or association of persons from doing the acts named, and it substantially declares that any authority given by previous charters to instruct the two races at the same time in the same place is revoked, and that prohibition, being a de- parture from the terms of the original charter in this case, may properly be adjudged an amendment.

Foam and Gas Are Not Beer.-One Nylin was indicted under a statute prohibiting the sale of beer in quantities less than five gal- lons. It seems that N. had been selling cases of beer containing bottles the total capacity of which was at least five gal- lons. Persons ardent in the enforcement of the liquor law procured several of these cases and measured the contents, minus foam and gas, in measures tested by the Secretary of State. Nylin thought that gas and foam were a constituent of the amber fluid, and that the cases sold contained the required amount. The Supreme Court of Illinois in People v. Nylin, 86 Northeastern Reporter, 156, remarked tnat gas is an aeriform fluid, but not a liquor and held that the measurement intended by the statute was of the quiet liquor after it had been released from confinement and reached a quiet con- dition in the open air.

Liability of Heirs for Breach of Marriage Promise.-Promisor, in the case of Johnson v. Levy, 43 Southern Reporter, 46, and 47 Id. 422 having seduced plaintiff under promise of marriage, was killed by her father on his refusal to marry her. It was alleged that a de- mand had been made on the promisor to comply with his engage- ment to marry plaintiff, and he had refused. The Supreme Court of Louisiana held that, as a result of the putting in default, the ob- ligation to marry, which could have been fulfilled by the obligor alone, became merged in the obligation to respond in damages for

This content downloaded from 195.78.109.99 on Tue, 20 May 2014 10:39:44 AMAll use subject to JSTOR Terms and Conditions

Page 3: Liability of Heirs for Breach of Marriage Promise

806 14 VIRGINrA LAW REGISTER. [Feb.,

the confulfillment. This obligation to respond in damages, having been merely incidental to the others, became the sole obligation left of the contract, and being susceptible of fulfillment by another, as well as by the obligor, was enforceable against the heirs of the latter. The liability therefor was fixed, and, the damages demanded being recognized by the law of Louisiana as actual and compensa- tory, there was no reason why they should not be recovered in the same manner as damages to person and property.

Union Labels on Ballots.-The Supreme Court of New York In re Peters, 112 New York Supplement, 339, discussed the effect of printing "Union Labels" on ballots. The board of inspectors re- fused to count certain ballots, and returned them to the custodian of the primary records, because they bore the imprint of the label. The proceeding sought a review of such action. The Primary Elec- tion Law (Laws 1898, p. 343, c.. 179, ? 6) prescribing the form of ballots provides that those not conforming thereto shall not be counted. The court holds that the ballots were not void, as the mere addition of the Union Label did not defeat any of the salutary provisions of the election law, but concludes that the statute might be properly amended to prohibit the use of any emblem whatever.

Stenographer Is a Laborer.-The case of Cohen v. Aldrich, 62 Southwestern Reporter, 1015, arose from the garnishment of $35 of the salary of a stenographer by a person named Cohen. The de- fendant claimed an exemption, asserting that his employment was laborer. The Court of Appeals of Georgia held that even though p:oficiency in stenography was the reward of steady practice and experience, the stenographer exercises no discretion. If his em- ployer indulges in the pastime of murdering the king's English, he must become a "particeps criminis," and join in the assassination. No one who has gone through that backbreaking ordeal will hesitate to range it in the category of hard physical labor. A stenographer is entitled to a laborer's wage exemption.

Justifiable Homicide.-A negro woman went to the police station and complained that defendant, another negro, had cursed her. Without having secured a warrant, an officer went on the following day to defendant's residence and announced to him his intention to arrest him. To this defendant objected. Seizing a shotgun he es- caped, and addressed himself diligently to flight. An afficer shot at him several times, wounding him twice. The crowd yelled. "Get trin!" "Shoot him!" A citizen joined in the chase so zealously that he outstripped the officers. Defendant wheeled, shot and killed the pursuing citizen. In Holmes v. State, 62 Southeastern Reporter, 716,

806 14 VIRGINrA LAW REGISTER. [Feb.,

the confulfillment. This obligation to respond in damages, having been merely incidental to the others, became the sole obligation left of the contract, and being susceptible of fulfillment by another, as well as by the obligor, was enforceable against the heirs of the latter. The liability therefor was fixed, and, the damages demanded being recognized by the law of Louisiana as actual and compensa- tory, there was no reason why they should not be recovered in the same manner as damages to person and property.

Union Labels on Ballots.-The Supreme Court of New York In re Peters, 112 New York Supplement, 339, discussed the effect of printing "Union Labels" on ballots. The board of inspectors re- fused to count certain ballots, and returned them to the custodian of the primary records, because they bore the imprint of the label. The proceeding sought a review of such action. The Primary Elec- tion Law (Laws 1898, p. 343, c.. 179, ? 6) prescribing the form of ballots provides that those not conforming thereto shall not be counted. The court holds that the ballots were not void, as the mere addition of the Union Label did not defeat any of the salutary provisions of the election law, but concludes that the statute might be properly amended to prohibit the use of any emblem whatever.

Stenographer Is a Laborer.-The case of Cohen v. Aldrich, 62 Southwestern Reporter, 1015, arose from the garnishment of $35 of the salary of a stenographer by a person named Cohen. The de- fendant claimed an exemption, asserting that his employment was laborer. The Court of Appeals of Georgia held that even though p:oficiency in stenography was the reward of steady practice and experience, the stenographer exercises no discretion. If his em- ployer indulges in the pastime of murdering the king's English, he must become a "particeps criminis," and join in the assassination. No one who has gone through that backbreaking ordeal will hesitate to range it in the category of hard physical labor. A stenographer is entitled to a laborer's wage exemption.

Justifiable Homicide.-A negro woman went to the police station and complained that defendant, another negro, had cursed her. Without having secured a warrant, an officer went on the following day to defendant's residence and announced to him his intention to arrest him. To this defendant objected. Seizing a shotgun he es- caped, and addressed himself diligently to flight. An afficer shot at him several times, wounding him twice. The crowd yelled. "Get trin!" "Shoot him!" A citizen joined in the chase so zealously that he outstripped the officers. Defendant wheeled, shot and killed the pursuing citizen. In Holmes v. State, 62 Southeastern Reporter, 716,

806 14 VIRGINrA LAW REGISTER. [Feb.,

the confulfillment. This obligation to respond in damages, having been merely incidental to the others, became the sole obligation left of the contract, and being susceptible of fulfillment by another, as well as by the obligor, was enforceable against the heirs of the latter. The liability therefor was fixed, and, the damages demanded being recognized by the law of Louisiana as actual and compensa- tory, there was no reason why they should not be recovered in the same manner as damages to person and property.

Union Labels on Ballots.-The Supreme Court of New York In re Peters, 112 New York Supplement, 339, discussed the effect of printing "Union Labels" on ballots. The board of inspectors re- fused to count certain ballots, and returned them to the custodian of the primary records, because they bore the imprint of the label. The proceeding sought a review of such action. The Primary Elec- tion Law (Laws 1898, p. 343, c.. 179, ? 6) prescribing the form of ballots provides that those not conforming thereto shall not be counted. The court holds that the ballots were not void, as the mere addition of the Union Label did not defeat any of the salutary provisions of the election law, but concludes that the statute might be properly amended to prohibit the use of any emblem whatever.

Stenographer Is a Laborer.-The case of Cohen v. Aldrich, 62 Southwestern Reporter, 1015, arose from the garnishment of $35 of the salary of a stenographer by a person named Cohen. The de- fendant claimed an exemption, asserting that his employment was laborer. The Court of Appeals of Georgia held that even though p:oficiency in stenography was the reward of steady practice and experience, the stenographer exercises no discretion. If his em- ployer indulges in the pastime of murdering the king's English, he must become a "particeps criminis," and join in the assassination. No one who has gone through that backbreaking ordeal will hesitate to range it in the category of hard physical labor. A stenographer is entitled to a laborer's wage exemption.

Justifiable Homicide.-A negro woman went to the police station and complained that defendant, another negro, had cursed her. Without having secured a warrant, an officer went on the following day to defendant's residence and announced to him his intention to arrest him. To this defendant objected. Seizing a shotgun he es- caped, and addressed himself diligently to flight. An afficer shot at him several times, wounding him twice. The crowd yelled. "Get trin!" "Shoot him!" A citizen joined in the chase so zealously that he outstripped the officers. Defendant wheeled, shot and killed the pursuing citizen. In Holmes v. State, 62 Southeastern Reporter, 716,

806 14 VIRGINrA LAW REGISTER. [Feb.,

the confulfillment. This obligation to respond in damages, having been merely incidental to the others, became the sole obligation left of the contract, and being susceptible of fulfillment by another, as well as by the obligor, was enforceable against the heirs of the latter. The liability therefor was fixed, and, the damages demanded being recognized by the law of Louisiana as actual and compensa- tory, there was no reason why they should not be recovered in the same manner as damages to person and property.

Union Labels on Ballots.-The Supreme Court of New York In re Peters, 112 New York Supplement, 339, discussed the effect of printing "Union Labels" on ballots. The board of inspectors re- fused to count certain ballots, and returned them to the custodian of the primary records, because they bore the imprint of the label. The proceeding sought a review of such action. The Primary Elec- tion Law (Laws 1898, p. 343, c.. 179, ? 6) prescribing the form of ballots provides that those not conforming thereto shall not be counted. The court holds that the ballots were not void, as the mere addition of the Union Label did not defeat any of the salutary provisions of the election law, but concludes that the statute might be properly amended to prohibit the use of any emblem whatever.

Stenographer Is a Laborer.-The case of Cohen v. Aldrich, 62 Southwestern Reporter, 1015, arose from the garnishment of $35 of the salary of a stenographer by a person named Cohen. The de- fendant claimed an exemption, asserting that his employment was laborer. The Court of Appeals of Georgia held that even though p:oficiency in stenography was the reward of steady practice and experience, the stenographer exercises no discretion. If his em- ployer indulges in the pastime of murdering the king's English, he must become a "particeps criminis," and join in the assassination. No one who has gone through that backbreaking ordeal will hesitate to range it in the category of hard physical labor. A stenographer is entitled to a laborer's wage exemption.

Justifiable Homicide.-A negro woman went to the police station and complained that defendant, another negro, had cursed her. Without having secured a warrant, an officer went on the following day to defendant's residence and announced to him his intention to arrest him. To this defendant objected. Seizing a shotgun he es- caped, and addressed himself diligently to flight. An afficer shot at him several times, wounding him twice. The crowd yelled. "Get trin!" "Shoot him!" A citizen joined in the chase so zealously that he outstripped the officers. Defendant wheeled, shot and killed the pursuing citizen. In Holmes v. State, 62 Southeastern Reporter, 716,

This content downloaded from 195.78.109.99 on Tue, 20 May 2014 10:39:44 AMAll use subject to JSTOR Terms and Conditions