Harry S. Truman, Final Exam in Domestic Relations, Kansas City School of Law

FINAL EXAMINATION Domestic Relations April 2, 1924. Hon. Elmer N. Powell Mr. Homer .Cope Mr. J. H. Patrick 1. John Jones and Ellen Smith came to Kansas City, Mo., in 1922 from Arkansas, where they had been living as man and wife so as to con- stitute a common-law marriage in that State. After establishing a residence here they obtained a marriage license in Jackson County on oath that they were each over 21 when in fact the girl was only 17, and were married in St. Joseph, Mo., the ceremony being con- ducted by a justice of peace whose term of office had expired. Later he left her in Kansas City and secured a divorce in Reno, Nevada on the ground of desertion. Upon his return to Missouri she brought action for support, getting personal service on him. It develops at the trial that they are first cousins. In Arkansas first cousins may marry. Can she maintain her action? Why? 2. A merchant sells a wife necessaries upon the credit of the husband and upon the refusal of the husband to pay for such necessaries he brought suit. The husband proved at the trial that he was main- taining a home in which the wife could live if she would, and that there was no necessity for the merchant furnishing her the goods in question. The merchant then proved that the wife left the domicile of the husband because he had been guilty of adultery. The husband contends that he was justified in committing adultery in that his wife refused to cohabit with him and that he was guilty of no conduct which would justify her in leaving the home which he always provided for her and which she is still welcome to enjoy. Can the merchant recover? Why? 3, A mother and her 16-year old son were injured through the negligence of the street car company. The mother was temporarily injured so that she was unable to continue her $25 a week job for 5 months, and the boy lost his thumb and first finger of his right hand. He had been employed at $20 a week but has since (the accident was 6 months ago) been unable to work but his hand will heal in time. The step- father of the boy and husband of the woman spend $50 in doctor and hospital bills for the wife and $150 for the boy. Name the separate causes of action growing out of the case and to whom they accrue? 4. Harry Harts' father gave him $5,000 and told him to shift for him- self. Harry changed the date of his birth certificate so it shows him to be of age whereas in fact he was only 19. On the strength of the certificate he buys a lot of ground well worth $1200 for $1000 cash. He then paid a contractor $3,000 to build a bungalow for which he paid cash. He then contracted with Jones Store to furnish it on the installment plan at a cost of $1,000. He then bought a Ford for $500, paying $250 down. He also bought a radio for which he paid $150 cash. He is living in the bungalow which he considers worth $2,000, he owes $100 on the furniture now worth $700, he uses the Ford in his work as a city salesman and considers it worth $50 but he owes two $30 installments on it, and the radio will not work. He comes to you a few days before he is 21 and asks you as to his rights. What would you advise him? 5. (a) Mary Gray obtained a divorce from her husband, the court grant- ing her $50 a month alimony and $50 a month for the support of two children custody of which was granted to her. After the lapse of two years, she discovers that he owned oil lands of which she was not aware during their marriage which are worth $100,000. She comes to you for advice. Has she any rights?