Author: Ransom Hebbard Tyler

Publisher: Rarebooksclub.com

Published: 2013-09

Total Pages: 402

ISBN-13: 9781230050232

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. 1876 edition. Excerpt: ...her husband to pay her separate maintenance, because at common lav that did not affect l1er right to prosecute her civil actions. (T/'z'Je Sea_r/raw '. Sr1u_(/rae'c, 13 Ves. R. 439. J00 v. T/1 urlozv, 2 Barn. cf: U/'ass. 1?. 551. S. U. 9 Eng. C'. L R. 174. Fieltl v. Sinzs, 4 Bos. cf: Pu. R. 121.) In one case, however, the court seemed to doubt whethe.' such an act would not determine the allowance to the witb. (Sc/zoley v. Goodman, S Eng. (7. L. R. 342.) But the case of Sea_r/rave v. Seagrave was not cited, and the court designedly abstained from expressing a decided opinion upon the subject, although the turn which the case took would indicate that the judges were undecided upon the question. Since that, however, the case of Jae v. T/um-low has been decided, and the weight of authority is clear that the adultery of the wife will not ordinarily avoid the allowance, particularly when the covenant is founded upon the engagements of a trustee to indemnify the liusband against the support of the wife, on the ground that if the husband, when executing his deed of settlement, thinks proper to make the non-commission of adultery, or any thing else, a condition of paying the annuity to his wife, he should have eovenanted to pay it g'ua1n(Z2'n ens M 'vz'.rerz't----tllat is, as long as she might have lived chaste or virtuou: =. 3-H. "Then husband and wife enter into covenants to live separately, the husband renounccs his marital rights to the person of his wife. Of course, she is then entitled to all acquisitions of prop erty which may arise from her personal services; and it has been said that the husband can never recover any thing of the man who should take away his wife so separated, or maintain a suit against any man...