Anonymous, Columbia Law MS R 25r

Author: 
Anonymous, Columbia Law MS R 25r
Notes: 
Volume is tightly bound in maroon linen; 556 pp. Pagination ceases at p. 260. No name; no dates. In some titles, the name of the lecturer is recorded. Tapping Reeve is referred to as "Judge Reeve" or "Judge R." James Gould is called "Mr. G." Written on both sides of page. In the titles of Bailments and Contracts, some pages are out of order. The six different types of bailment are not in numerical order. This anonymous volume could be a secondary copy of random titles taken from circulating manuscripts of Reeve and Gould.
Lecture Date Lecturer Opening Line All terms
not identified Mercantile law is generally called a local custom, but it is not in fact a local usage as Judge Blackstone says, but is a branch of the common law as much as canons of descent. Mercantile law, Municipal law
not identified The statute of Henry 8 allowed all persons to marry not forbidden by God's law nor within Levitical degrees. As to what persons have the power to marry, Baron & feme
not identified It has been much litigated in Connecticut whether she can devise real property. This question in England & N.Y. is well settled. Rev.L 1 178/9. Baron & feme, Can a feme covert devise property
Reeve, Tapping Infants are persons under the age of twenty one years, and this is the same in both sexes. Parent & child, Parent & child
Reeve, Tapping It is a general rule that the contracts of infants are void, but this is considered for the benefit of the infant. Parent & child, Where infants are liable for their contracts
Reeve, Tapping Judge Reeve says this is a quaestio vexata. According to the general principle, it seems he cannot. Can a minor rescind a contract & retain the consideration, Parent & child
Reeve, Tapping This is an intricate subject of importance as it respects third persons & attended with many difficulties. Parent & child, When a minor's contract is void & when voidable
Reeve, Tapping Under the age of seven years, the law presumes the infant incapable of committing crimes, and this presumption cannot be rebutted. Infants' liability to punishment, Parent & child
Reeve, Tapping They are sued by guardian and in this case the declaration is in common form, stating somewhere generally at the close that he sues by guardian, or the guardian is cited. How minors must sue & be sued, Parent & child
Reeve, Tapping This is different in Connecticut from the common law of England, tho' they have not statute. Liability of guardian for costs, Parent & child
Reeve, Tapping There is much old law on this subject which has been exploded. Law respecting infants unborn, Parent & child
Reeve, Tapping Where there is a penalty for the non performance of an act annexed, the minor is not bound by the forfeiture. Of the privileges of infants, Parent & child
Reeve, Tapping This doctrine has undergone a great revolution in the English law in modern times. Legitimacy & illegitimacy, Parent & child
Reeve, Tapping In case of legitimate persons, their settlement is that of the parents. But the settlement of a bastard is when it is born, according to the English law, unless there is fraud practiced. Parent & child, Settlement of bastards
Reeve, Tapping A court of chancery have in some instances enforced contracts of infants which were not good at law. Liability of infants for contracts in chancery, Parent & child
Reeve, Tapping This must be disclosed by the mother upon oath, tho' this is not conclusive, if it can be rebutted by other testimony. How is the father known?, Parent & child
Reeve, Tapping Parents are liable to support their minor children by the common law. In Connecticut, they are liable to support indigent children. Liability of the parents to support their children, Parent & child
Reeve, Tapping He is liable for the torts of his child where a master is liable for the torts of the servant, for it is not upon the principle of his being a father, but the child is his servant, that he is liable. Parent & child, Where parents are liable for torts of the child
Reeve, Tapping This in a great degree is left to the discretion of the parent. Liability of parents to educate their children, Parent & child
not identified The lex scripta is the Statute Law. Statutes are either public or private. A public statute is one that regards the whole community. Lex scripta or written law, Municipal law
Reeve, Tapping One case is where the parent brings an action for debauching a daughter. Parent & child, Right of parents to an action for injuries to child
Reeve, Tapping The parent has the power to correct the child reasonably. Parent & child, Power of parent over the person of the child
Reeve, Tapping A guardian is a temporary parent or one who stands in loco parentis. Guardian & ward, Guardian & Ward
Reeve, Tapping Under our law there is no thing a guardian in chivalry, in socage, nor for nurture. Nor in Connecticut by testament. In N.Y. guardians are appointed by deed or will. Guardian & Ward, Law of Connecticut & N.Y.
Reeve, Tapping All guardians, except in chivalry, are liable to account for the profits of the ward's estate. Guardian & Ward, Liability of guardians to account
Reeve, Tapping In England, the Court of Chancery prohibits marriage when there is no consent of the guardian, and even with consent, if the marriage is unequal, the court will prohibit it. Guardian & Ward, Marriage of wards
Gould, James A servant is a person who is subject to the personal authority of another. Master & servant, Master & Servant
Gould, James It has been doubted by many professional men whether slavery has ever been legitimized in Connecticut. Master & Servant, Of slaves
Gould, James This species of servant is derived from t he French word apprendre to learn. Apprentices, Master & Servant
Gould, James This term needs no definition. On this subject see 1 Bl. Com. Day laborers, Master & Servant
Gould, James Menial servants are so called because they are inter moenia. Master & Servant, Menial servants
Gould, James The fifth class of servants, if they may be properly called so, are agents. Agents factors &c., Master & Servant
Gould, James This does not apply in the State of New York. It is a statute provision in Connecticut. Debtors assigned in service, Master & Servant
Gould, James When the Master is liable for the acts of the servant. Those acts of the servant which are done by the master's command, express or implied, are considered as his. General rules respecting master & servant, Master & Servant
Gould, James The servant is himself liable for those acts which are done by him without the command of the master, express or implied. Master & Servant, Servant's liability to strangers & his master
Gould, James The master has a right to chastise his servant for any neglect or breach of duty. Master & Servant, Master's authority over the servant
Gould, James An action will lie for enticing away servants, viz. ante page 171. Master & Servant, Master's remedies for injuries to servant
Gould, James The master may maintain an action for the servant which in any other person would be maintenance. Justifiable acts of master & servant, Master & Servant
not identified When a man dies having made a will and appointed a person to carry that will into execution, that person is termed an executor. Executor & Administrators, Preliminary observations without authorities
not identified The statute of Charles 2nd is the basis of the law on this subject. Distribution of property, Executor & Administrators
not identified What the law is to the administrator to distribution, the will is to the executor as to the payment of legacies. Duty of an executor, Executor & Administrators
not identified By a vested legacy is not meant that it should vest at the time given; if it is certain that the legacy will finally pass, it is a vested legacy. Executor & Administrators, Vested & lapsed legacies
not identified The rule as to repealed legacies is that if the legacy is repealed in the same instrument and in totidem verbis, one only will take effect. Executor & Administrators, Repealed legacies; ademption of legacies
not identified Legacies are never barred by the Statute of Limitations tho' there may be such a length of time elapsed that it will be presumed paid. Executor & Administrators, Payment of legacies
not identified To whom given? If there can be a probable constitution so as to pass the legacy, it will pass, but if not, it will not go to any one but by statute of distribution. Constitution of wills as to legacies, Executor & Administrators
not identified This is a specific present in contemplation of death. Donatio causa mortis, Executor & Administrators
not identified What is given in advancement in order to take under the statute of distributions must be brought into hotchpot Advancement devastavit, Executor & Administrators
not identified Personal property in the hands of the executor is personal assets; real in the hands of the heir is real assets. Executor & Administrators, What are assets?
not identified When lands are devised to be sold for payment of debts, if no person be appointed, the executor must do it. Executor & Administrators, Land devised to be sold
not identified There is one case when the person acting as executor is neither executor nor administrator. This person is called executor de son tort. Executor & Administrators, Executor de son tort
not identified Originally the clergy had the management of this business & made a very improper use of power given to them Executor & Administrators, Who is entitled to administration?
not identified It is a universal rule that where debts are due to the deceased, the executor or administrator may sue. Executor & Administrators, Where executors & administrator may last be paid
not identified This question has occasioned much litigation. It is now settled that an executor is not liable where there is no doubt that the debt is due. Can executor take advantage of st. of limitations, Executor & Administrators
not identified The rule in all cases, that the intention of the testator, if a legal one, is to be carried into effect. Executor & Administrators, Rule in the constitution of wills
not identified Most persons may be executors. Excommunicated persons, however, are not permitted to be so. Executor & Administrators, Who may be executors
not identified Executors & administrators can never be arrested & held to bail. The must sign their appearance on the writ. Executor & Administrators, Mode of recovery against executors
not identified [Pages 1-2 are lacking] Page 3 begins: When the word heirs is made use of in a statute, you must resort to the common law to know its meaning. Municipal Law, Municipal law
not identified In order to make joint tenancy, the parties ust acquire the property by one and the same right or title. Baron & feme, Husband & wife
not identified In case of a marriage settlement in order to be a purchase of her choses in action, must be made previous to marriage. Baron & feme, Marriage settlements
not identified In consequence of the marriage, the husband to pay the debts of the wife contracted before matrimony Baron & feme, Liability of the husband to pay debts of the wife
not identified She may acquire an interest in his personal property provided there is more than sufficient to pay his debts. Baron & feme, What property the wife acquires by death of husband
not identified This includes 1. Common law or general customs, properly called common law. These are called unwritten because their original institution is not set down in writing. Municipal law, Of the Lex non scripta
not identified There are many cases in the English law where she may be barred of her dower and some in this country. Baron & feme, How may the wife be barred of her dower
not identified If the husband is found to be an alien by commissioners appointed for that purpose after his death and dower is settled upon the wife, upon the happening of this event Baron & feme, How she may lose her dower after obtained
not identified Paraphernalia are of two kinds, one is her clothing & bedding generally, she takes the whole, tho' where there is a large quantity in some cases she may be divested of a part thereof. Baron & feme, Paraphernalia
not identified There is some difference between this kind of torts and contracts, but in general the principle is the same. Baron & feme, Liability of the husband for the wrongs of the wife
not identified When the wife makes a contract, it is the contract of her husband in consideration of law, for the wife in considered as his agent. Baron & feme, How the wife may bind her husband by contract
not identified Where there is a separate maintenance given to the wife by the husband, provided it is competent, the husband is not answerable, the wife is herself liable. Baron & feme, Separate maintenance
not identified These contracts are generally binding. Baron & feme, Contracts entered into before marriage
not identified As a general rule, the contracts made by husband and wife during coverture are void. Baron & feme, Contracts during coverture made by husband & wife
not identified Articles of agreement entered into by the husband and wife to live separate are binding whether made by the intervention of trustees or not. Articles of agreement, Baron & feme
not identified It is somewhat difficult to determine what the law is now. It is easy to determine what it was. Baron & feme, Power of the husband over the wife
not identified for or against each other. As a general rule, husband & wife cannot be witnesses for or against each other. But there are exceptions. Baron & feme, Where husband & wife may be witnesses
not identified The general rule is that they must always join where the cause of action would survive to the wife on the death of the husband. Baron & feme, When husband & wife must be joined as plaintiffs
not identified Where the action is for services of the wife during coverture, the husband may sue alone. Baron & feme, Where the husband may sue alone
not identified The rule is the same in this case as where they must be joined as plaintiffs only the rule is reversed Baron & feme, When the husband & wife must be joined as defendants
not identified This doctrine is very important as to various purposes. We shall only attend to it as it respects husband & wife. Baron & feme, How the wife may gain a settlement
not identified Divorces are of two kinds, a vinculo matrimonii & a mensa et thoro. The former dissolves the marriage wholly, the latter only for certain purposes. Baron & feme, Divorces