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All these allegations were false. Chapman, having no notice of the ensuing attachment and seizure, did not show up in court and default judgment was entered. When she learned of this forr a year later, she brought suit. The court denounced the sufficiency of Looking for sex Dunn tn notice on numerous grounds.
In this connection the court said:. The appellants rely upon Roberts v. Grayson, Ala. With utmost deference Looking for sex Dunn tn counsel we find nothing in the case to support this assertion. This case involved a claim against a decedent estate in which the deceased Hattie W. Jones, was designated as Mrs. The whole thrust of the Court's holding was that the name used was sufficient to give notice stimulating inquiry.
As a part of the holding the Court stated:. Roberts very obviously does not raise the question or discuss or decide the issue of whether a married woman automatically, and as a matter of law, assumes the surname of her husband. Appellants also sxe upon the case of Peoples ex rel. Rago v. Lipsky, Ill. Rago, a Chicago lawyer, who used her maiden name professionally, socially Horny Hendaye women exclusively after her marriage, was denied permission to remain registered under her maiden name.
The Illinois statute is substantially the same as that of Tennessee, providing that "Any Looking for sex Dunn tn voter who changes his or her name by marriage The Court held the statute made it mandatory for Rago to re-register under the surname of her husband. Relying upon Chapman and other authorities, the Court said:. Our attention is called to an opinion rendered on February 13, by the Attorney General of Illinois, wherein he states:.
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Appellee places heavy reliance upon State ex rel. Krupa v. Green, Ohio App. This was an action seeking to prohibit a Board of Elections from placing the maiden name of a married woman on the ballot.
The court in pertinent part said:. Krupa is the primary American authority cited in support of Stuart v. Board of Supervisors, infra, and is said to be "the only previous American decision to approach Looking for sex Dunn tn issue of married women's surnames from the general context of the legal history of surnames and to bring a searching common law analysis to bear upon the qeustion". Appellant cites Wilty v. Jefferson Parish Democratic Executive Com. The facts are somewhat unique.
Wilty, Jr. He asserted that her correct legal name was Mrs. Laura Verret Wilty. The court decided the issue in favor of the husband. While we do not regard this case as being precisely in point, we include it because it has been rather widely cited.
The Majority Opinion the court produced five opinions starts out by stating that "there is no definite Blk man wants hot white girl or decision in Louisiana as to what Looking for sex Dunn tn the legal name of a married woman". Justice Sanders, concurring Looking for sex Dunn tn the results, takes issue, saying:. Kneipp is also widely cited in commentaries and cases but is not alluded to in the majority opinion.
Wilty is simply not authority as to the issue in the case sub judice. Appellant strongly relies upon Forbush v. Wallace, F. This class action, Looking for sex Dunn tn by a three-judge panel, challenges a requirement of the Alabama Department of Safety that a married woman use her husband's surname on her driver's license, and asserts that such a requirement violates the equal protection clause of the Fourteenth Amendment.
Citing Roberts v. Grayson, the Court notes that "Alabama has adopted the common law rule that upon marriage the wife by operation of law takes the husband's surname. We agree that we are dealing with custom and tradition. This is all Forbush actually stands for insofar as Rose Palermo's suit is concerned. The Forbush court actually held that the requirement that a married woman obtain a driver's license under her husband's surname found a rational basis in administrative convenience.
There are other questions left unanswered, e. Appellees place great reliance upon Stuart v.
Board of Supervisors of Discreet sex Providence Rhode Island, Md. Looking for sex Dunn tn Stuart, a married woman, registered to vote under her maiden name. Upon her refusal to re-register under the surname of her husband, her registration was cancelled.
Looking for sex Dunn tn Rose Palermo, she had used her maiden name exclusively and had never used Loojing husband's surname. In upholding her right to register under her maiden name, the Maryland Court of Appeals, in a brilliant and scholarly opinion by Chief Judge Murphy said:. In Custer v. Bonadies, 30 Conn. Our investigation has led us to the case of Application of Wallace, A. The Court held that she had assumed the husband's surname on marriage and that to permit her to use her maiden name should be denied in the light of the confusion which would be created if children were born of the marriage.
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This case contains an Looking for sex Dunn tn and exhaustive review of the authorities on each side of the question here presented. One day following oral argument Looking for sex Dunn tn Rose Palermo's case, the Supreme Court of Wisconsin released its opinion in Kruzel v. Podell, N. Rose Kruzel, a married woman, petitioned the Court for change of name in order that she might use her maiden name. She had consistently and exclusively used her maiden name.
The Court, in a most comprehensive opinion, held that "a woman upon marriage adopts the surname of her husband by thereafter customarily using that name, but no law requires that she do so. If she continues to use her ante-nuptial surname, her name is unchanged by Beautiful couple searching orgasm Savannah fact that marriage has occurred.
We are indebted to the Wisconsin Court for calling our attention to a recent New York case, which casts doubt upon the precedent of the Chapman dicta. In this regard the Court said:.
And yet the erroneous statement of the common law in Chapman formed the predicate for a substantial number of decisions misinterpreting the common law of England. Based upon an intensive investigation into the law from which we distill the cases herein cited and upon excellent and elaborate tj submitted by counsel for the respective parties we conclude that at the common law, as of the time of the separation of the colonies, a woman acquired a Single wife wants nsa Nevada City name by repute and that her name was thus changed in fact and not in law.
The name change came as a result of custom and usage. It was windblown across the Atlantic Ocean in the same form and has become a universal practice Lookinb this country. We frankly concede that DDunn is a division of authority as to this question. We are persuaded that we have adopted the better view; however, we make no claim to judicial infallibility.
Irrespective of the common law, we hold that there is no legal requirement in Tennessee that a married woman Looking for sex Dunn tn tm the surname Looking for sex Dunn tn her husband.
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This Court in the past has not hesitated to depart from the rigid common law where "the reason for the common law rule does not exist. Shelby, Tenn. The common law does not have the force of Holy Writ; it is not a last will and testament, nor is Dnun a cadaver enbalmed in perpetuity, nor is it to be treated like the sin of Judah "written with a pen of iron and Looking for sex Dunn tn the point of a diamond.Housewives Wants Sex WI Belgium 53004
School Dist. Re-2, In County of Boulder, Colo. We are urged to the conclusion that the custom of women adopting the surnames of their husbands has ripened into law and Looking for sex Dunn tn, therefore, a wife is under a legal duty to adopt Looking for sex Dunn tn husband's surname. Quite aside from the fact that the law of customs relates essentially to commercial transactions, there Dunj for consideration the fact that the mere custom of married women adopting their husband's surnames, does not necessarily imply a rejection of their own names.
We are cited to no case where the Lookig of a name works a forfeiture of the right to its use.