Medical Jurisprudence, Volume 3 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 3 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
Rule made absolute; and it was further ordered, that a moiety of the
taxed costs should be paid by each of the Insurance Offices in question.
There was another case of “_Severn_ v. _Slade_,” turning exactly on the
same point, which was not argued, as of course the same decision will
apply to it.
Two Notes on the Legal Time for Human Birth.
(From Hargrave’s Jurisconsult Exercitations)
[Lord Coke, in his Commentary upon Littleton, fol. 8. a. considers, who
may inherit lands or tenements; and about the close of his remarks on
that head, introduces the case of a woman brought to bed of a child, so
as to raise a question whether the child was by her deceased first
husband or by her second husband. His words are, “If a man hath a wife
and dieth; and within a very short time after the wife marries again,
and within nine months hath a child, so that it may be the child of the
one or the other, some have said that in this case the child may choose
his father, _quia in hoc casu filiatio non potest probari_; and so is
the book to be intended: for avoiding of which question and other
inconveniencies, this was the law before the conquest, _sit omnis vidua
sine marito duodecim mensibus, et si maritaverit perdat dotem_.” In the
margin also of the same book, he thus refers to authorities, “21 E. 8.
39 Pancirollus Nova Rep. 485, &c. Opus eximium, 48. b. Lambard de
priscis Anglorum Legibus, 120. 72, &c.” and as to the year-book of E. 3.
so cited, it shews, that the doctrine, of allowing the infant to choose
which of the two husbands should be his father in the case so put, was
attributed to Sir William de Bereford, who was made chief justice of the
common pleas early in 2 E. 2.
So far Lord Coke only puts a special case barely involving a
consideration of the legal time for a woman’s going with child.
Public-domain text, read in full here on John Shaqi.
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