Question Presented
Did Oscar Roger and Margaret Frost meet the qualifications for a common-law marriage under Kansas law? Brief Answer
Yes. For there to be a common law marriage under Kansas law “the marriage agreement need not be in any particular form” there just needs to be a present mutual consent to the marriage between the parties. See In re Estate of Antonopoulos, 268 Kan. 178, 993 P.2d 637, 192 (1999). Both Oscar Roger and Margaret Frost would often refer to each other as husband and wife. Margaret’s usage of Roger’s last name and rings reflect that mutual consent.
Statement of Facts
When Oscar Roger (eighteen) and Margaret Frost (nineteen) first started dating, Oscar would often stay the night at Margaret’s apartment. A year and half into the relationship Margaret and Oscar had a baby together, named
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Dixon v. Certainteed Corp., 915 F. Supp. 1158, 1160 (D. Kan. 1996). In Dixon, Plaintiff sought to recover for loss of consortium, which required the existence of a valid marriage contract. Id at 1159. Plaintiff testified he was common-law married (since he thought it only took six months to be common-law married) and had lived with his wife for two years in Kansas. Id at 1161. He went on to state that did not consider himself married nor divorced in Missouri since he thought his marriage had cancelled once they moved there. Id. This lead the Defendant to argue that his testimony did not reflect a present agreement to be married. Id. This was furthered, by the insufficient evidence in the record to determine whether plaintiff had a present marriage agreement with the woman. The court held that there was insufficient evidence in the record to support Defendant’s motion for partial summary judgment. The court found that present agreement was not a literal term. It should instead be interpreted as a relevant time
Facts: Plaintiff Donald Eschbach and Defendant Rite Eschbach were married in 1963 and divorce in 1979 the courts granted Plaintiff Eschbach the divorce on the basis of the couple lived separate and apart pursuant to a separation agreement for one year. The custody of the couple three children was granted to the mother to an oral stipulation of the parties entered in the minute of the court at inquest of the hearing held on January 1979. The stipulation, which also provided visitation rights for the children’s father, was incorporated but not merged in the judgment of the divorce.
The court will likely hold that Andrew Keegan’s (“Mr. Keegan”) actions were a product of a law enforcement officer in influencing his conduct therefore establishing an entrapment defense.
Analysis / Ruling of the Court. The district court granted the employer’s motion for summary judgement on the sexual harassment claim due to the fact that Sherry Lynch treated both men and women equally in this case; that is, she behaved in the same vulgar and inappropriate way towards both genders. For this reason, Smith’s gender was not a contributing factor to the harassment, which is one of the conditions that would have to be met for the sexual harassment claim. The appellate court agreed and affirmed the district court’s judgement. The district court ended up excluding evidence pertaining to the sexual harassment claim because the sexual harassment claim had been dismissed on summary judgement, and because the court decided that the details of the harassment bore little relevance to the retaliation case whereas this evidence would be unfairly prejudicial to Hy-Vee. The appellate court affirmed the district court’s judgement. Smith did not offer any specifics on what evidence she would have wanted to present, which made it hard for the court to determine whether this evidence was material to the retaliation case or not. In her opposition to the motion in limine, she said she only wanted to discuss the harassment case in general, including mentioning that Lynch had harassed/touched her inappropriately. Hy-Vee had no objection to this, and Smith got to present this much evidence in the trial. Therefore, the appellate court found that she waived any objection to the
Procedural History: Claim was filed against decedent 's (Jack Tallas) estate to recover on written agreement to make the claimant (Peter Dementas) an heir for the amount of $50,000. The Third District Court of Salt Lake County held in favor for the estate. Dementas challenged the initial verdict in Utah’s Court of Appeals, Orme, J.. In this appeal, the court held that agreement was not an enforceable contract in that it constituted a promise for past services performed gratuitously.
During Margaret’s teenage years, there were many rumors circulating about her romances. The stories included one of a suitor who swallowed poison after she refused to return his affections, one of her being briefly linked to the son of President Jefferson’s treasury secretary, and one of her botched elopement to a young aide of General Winfield Scott. As the story goes, she accidentally kicked over a flowerpot during her climb down from a bedroom window, which woke her father, who promptly dragged her back inside.
In the past recent years, we have heard in the news around cases involving assault and battery cases involving professional athletes or other celebrity figures, however, it is “not uncommon in the sport and recreation environment for a person to be harmed as a result of another’s intentional conduct, both on and off the “field of play” Cotten & Wolohan, p. 214). Nonetheless, it is important to understand that the term “liability” is often not limited to athletes-as-combatants. For example, in Law for recreation & sport managers uses an example from page 215 that discusses a youth football game regarding how a referee was attacked by three coaches and also was tackled by a 14-year-old player, resulting in charges of felony battery. Thus, Hamakawa remarks to say, ”recreation and sport managers should be aware that their organizations are not immune from incidents involving participants, parents and other spectators, coaches, and officials, security
When Grace was fourteen years old a boy named Lamar came into her life. He was older and claimed to be her father 's son. Grace found Lamar attractive and was surprised to feel that way as she, “had never thought of a boy as good-looking...” (Smith 70). Lamar convinced Grace 's father, Virgil Sheppard, that he would work for their family if he could live there. Of Course,
Nature of Case: The plaintiff is Peter Stanley. He said that his rights to equal protection of the law under the 14th Amendment have been violated. He believes that the Illinois law that makes children of unwed father’s wards of the state upon death of the mother violated his rights.
On January 23, 1995 Guy Paul Morin was exonerated of a first-degree murder conviction of Christine Jessop, ten years after his arrest and two lengthy criminal trials. This is a case where the justice system failed at all levels and has left the Ontario courts asking how it happened.
During the 1800s, more specifically in 1841-1968, getting a divorce were taken by following a series of steps called the Acts of Divorce. To get a divorce, you need to put a notice of intent to petition the government for a divorce and be put in two newspapers in your area. The whole process would be held, at least, 6 months. The picture on the left is a copy of a couple, John and Mary Ann Monteith’s divorce paper. The husband, which was the petitioner, wanted the divorce because of his wife’s adultery, who she committed, with William G. Norton. Their divorce actually, was on the 23rd of June, 1887 in the district of Parry Sound
...em Council when confronted with a similar disagreement, I will place my focus not on the law, but rather on how do we maintain the Christian fellowship between the two couples. We maintain that Christian fellowship by recognizing the differences, and as supported by the Apostle Paul they are “determined individually by conscience and Christian love.” (McRay, 2003, p. 130). As such, we should take hold of this opportunity to spread the Word of Jesus Christ.
The Supreme Court of Canada defines marriage as between two people with different gender. As time passes, the society changes as well as the law. “The law is a vital force in society: it is a skeleton that structures our economic, social and political lives” (Boyd, 2011).
... middle of paper ... ... Gonzaga Law Review 33.3 (1998): 653-668. HeinOnline.com -.
Retrieved from http://www.divorcelawmi.com/about_divorce.php Stewart, S. D., & Croudep, C. (1998-2012). Clark County Prosecuting Attorney. Retrieved from http://www.clarkprosecutor.org/index.htm.
...osity of whether they will remain together or have to separate by death only to find out they are engaged to be married.