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Updated: June 13, 2025
The eighth, a boy who early in life began to exhibit criminal tendencies, was in prison for highway robbery and burglary. The ninth, a girl, normal mentally, was in quarantine at the Kansas State Industrial Farm at the time this study was made; she had lived with a man as his common-law wife, and had also been arrested several times for soliciting.
Illinois follows New York in abolishing the common-law marriage, and raises the age to eighteen in a woman and twenty-one in a man. As is often the case, it does not appear from the ambiguous wording of the statute whether this invalidates the marriage or merely subjects the offenders, or the minister or the magistrate, to a penalty; probably the latter.
Negligence, it might be said, had nothing to do with the common-law liability for a nuisance, and it might be added that, where negligence was a ground of liability, a special duty had to be founded in the defendant's super se assumpsit, or public calling. /1/ On the other hand, we shall see what can be said for the proposition, that even in trespass there must at least be negligence.
There appears to be no law for the arrest of persons charged with common-law offenses, such as assault, robbery, and murder, and no magistrate authorized to issue or execute process in such cases.
There are other writs of trespass which allege a common-law duty in the same way, and others again setting forth a statutory obligation. /1/ So "the judges were sworn to execute justice according to law and the custom of England." /2/
Fifty thousand dollars for alienation of Lilas's affections. Joke, eh? He claims there was a common-law marriage and he'll get the coin." "But Mrs. Hammon?" "The evidence is in her hands already dates, places, photographs, everything. She'll win her suit, too." "Why, it sounds like a a deliberate plot. But I don't understand who's behind it. What part did you have in it, Jim? Were you helping Mr.
This last thing can hardly, however, be said to add to common-law principles. Nevertheless, some of the newer State anti-trust statutes prescribe it so definitely that it may be treated as a modern invention. All this legislation is extremely recent.
Not only is much more provision made for the waiver of jury trial in all States, at least in criminal cases, and for a trial by the court without a jury unless it be specially claimed, but there is a distinct tendency to have juries less than twelve in number, and verdicts not unanimous, but made up of three-fourths, two-thirds, or even a simple majority; while our indifference to common-law rights shown in our multiplication of boards and commissioners has already been commented on.
A colored man can sue in the courts of any Southern State for the violation of his common-law rights, and recover damages of say fifty cents without costs.
There were certain special contracts in the Roman system called real, which bound the contractor either to return a certain thing put into his hands by the contractee, as in a case of lease or loan, or to deliver other articles of the same kind, as when grain, oil, or money was lent. This class did not correspond, except in the most superficial way, with the common-law debts.
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