Elementary Principles of the Law of Pennsylvania (Volume 1)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1902 Excerpt: ... eral reputation of marriage. This reputation consists in the speech and general belief of the neighbors and acquaintances of the parties. It is needless to add that copulation without reputation will not be sufficient to make a valid informal marriage (53 Pa., 132). Consummation Of Marriage.--At common law there was no valid marriage unless there was a consummation of it, either by subsequent sexual intercourse between the parties, or by the assumption of the rights and duties of husband and wife. At present the law is otherwise in Pennsylvania. No consummation is necessary to the vahdity of a marriage, whether it be formed under the statute or by mere consent (81 Pa., 428). B.--EFFECT OF MARRIAGE. The effect of marriage may be considered under the heads of the effect on (a) the persons, (b) the property and (c) the contracts of the spouses. Effect on the Persons of the Spouses. Marriage gives to both husband and wife certain rights over the persons of each other, and also creates certain responsibilities. These rights may be considered from the standpoint of those which are common (1) to both husband and wife and those which belong (2) to the husband alone. The responsibilities may be considered as arising from (1) criminal acts, or (2) in tort. Rights Common To Both Husband And Wife.--There are four rights common to both husband and wife. These are (1) a right to cohabitation and intercourse, (b) a right to the companionship, services and affection, (c) a right to correct the children, and (d) a right to recover damages for criminal conversation. Cohabitation and Intercourse.--The purpose of marriage is twofold--(1) the indulgence of the passions, and (2) the procreation of children under the sanction of law. This right to the indulgence of the passions m...