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Updated: June 13, 2025
He would have to hurry and he reached for his hat. "The common law was abrogated long ago." Dunwoodie rumpled the towel. "Why, so it was!" Jeroloman took the hat and with a gloved finger rubbed at the brim. "Even otherwise, the term common-law wife is not legally recognised. The law looks with no favour on the connection indicated by it.
Since then, or, more exactly, a few weeks ago, the enactments regarding the manner in which marriage must be solemnised were held to be not mandatory but directory, the result being that the law originally prevailing has now come again into operation, common-law marriages are as valid as before and " Here Dunwoodie flaunted the towel. "And you are Mrs. Paliser."
We are now coming also to that great range of statutes, which, on the one hand, control labor and regulate the rights of the laborer, both in his prices and in his hours; and, on the other, those statutes relating to what we call "trusts," conspiracy, and trades-unions, which have made common-law principles which are to-day, all of them, invoked by our courts; and form the precedents of practically all our modern legislation on matters affecting labor, labor disputes, injunctions, strikes, boycotts, blacklists, restraint of trade, and trusts in fact, the largest field of discussion now before the mind of the American people.
Leaning against the wall, close beside the seat Mr. Pickwick had taken, was an office-lad of fourteen, with a tenor voice; near him a common-law clerk with a bass one. A clerk hurried in with a bundle of papers, and stared about him. 'Sniggle and Blink, cried the tenor. 'Porkin and Snob, growled the bass. 'Stumpy and Deacon, said the new-comer.
Under the statute now in force the common-law procedure in each Federal court is made to conform to the procedure in the State in which the court is held. In these days, when we should be making progress in court procedure, such a conformity statute makes the Federal method too dependent upon the action of State legislatures.
In other words, all the cases under the statute which have now been decided would have been decided the same way if the court had originally accepted in its construction the rule at common law. It has been said that the court, by introducing into the construction of the statute common-law distinctions, has emasculated it. This is obviously untrue.
In Oregon all widows and fathers may vote, without regard to property qualification, in school district elections; and this State joins the number of those which forbid the marriage of first cousins. In 1901 came the great New York statute abolishing the common-law marriage, which we have discussed above. Some States pass laws punishing wife-beating by either imprisonment or a whipping.
After a few banks had been established they united, regardless of politics, to create a monopoly by preventing other persons from getting charters. When charters were applied for and refused, the applicants began business on the common-law plan. Then, at the instigation of the favored ones, the politicians passed a law to suppress all unchartered banks.
"What I mean," and Hernshaw stepped to the edge of the porch and threw the butt of his cigar into the darkness, where it described a glimmering arc, "is that if anything came to me that would help shore up my professed faith in what most of us want to believe in, I would take the common-law view of it. I would believe it was innocent till it proved itself guilty.
That is to say, divorces are awarded women which for similar reasons would not be awarded men, both by statute and by usual court decision, and although a very few States, such as recently developed in the conservative State of South Carolina, retain the common-law idea that the father must be the head of the family, many States provide that the rights of the parents to the custody and education of their children shall be equal.
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