The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-12-02
ouRIos111Es OF FRENCH Law.

Novel Application OF a French Baron
A unique case, with q decision still pending
whSoh may have some influence upon the
minds of ambitious Americans anxious t.
unite their daughters with titled foreigners, Ii
now under consideration IL the United States
Circuit Court for the Southern District of New
York.
In 1853 Pauline Psnniman, daughter Of Mr..
and Mrs. James F. Penniman, OF New YORK
married In Pe.is, Baron Castor de Brimont.
About q year later the Baroness died under
circumstances which. 1t has been said, CAST
lett an infant daughter, who Is still living with
the Baron, In Paris. During their daughters
married life, Mr.. and Mrs. Pennlman allowed
the Baron, who was poor, $4,000 q year IN
gold, but, after their daughters deato, lney
stopped the allowance, aud refused TO make
any provision for the support OF nlmseu ana
child unles he would commit the latter en-
tirely to their care. Declining 10 do. this,
the Baron brought suit, in France, against Mr..
and Mrs. Pennlman to compel them to make
allowance for the maintenance OF himself and
child. The suit was instituted under q pecu-
liar law of France, which says that wealthy
the parents shall render pecunlarv assist
sncs, to their needy children; that
wealthy. children shall contribute 10 the
support of their impoverished families; and
that :fathers-in-law, mothers-in-aw, sons-in.
law and daughtersinlaw owe to one anoth-
or the same assistance that they would owe If
they were blood relations. These obligations,
however, upon relations by marriage are In
force only while there is a child living "who
is linealy descended both from the person
who demands and the person who Is required
to- render pecuniary assistance" under the
law referred to- The Baron obtained q judg-
ment against Mr.. n Mrs. Penniman that
they ssshould jointly and severally pay to him
an allowance Of $4,000 per year; $1,000 to be re-
to beIexpended by him for the support and ed
ucati0h Of his daughter" The defendants APP
pealed to the highest court In France, which
affirmed the judgment Of the court below. mr.
Pennlman and bis wife then returned TO
America, leaving no property In France out Of
the Baron brought suit against them, upon dis
French judgment, In the United states Circuit
Cont for the Southern District of this State. |
The case came up on Saturday, IN that court,
before Judge Woodruff, ona demurrer inter- |
postli In behalf Of the defendants by F. r. |
the French law compelling relatives by mar
rlage TO support one another was contrary to
the, entire system of American legislation ; |
and that therefore 1t would.be both illegal and
mopstrous to force the defendante, who are
Americana, 80 to abide by the judgment Of the
cT0QCQ UOuIG, lUuuucU upOu o lOCoi low VI
France, which has no extra territorial effect,
and:to make, year after year, to their former
eonin-law an allowance which no one OF their |
own childr an can legally demand from them"
g.. n. Van Hosen and G. P. Hoffman, for the |
plaintiff, commended that the fact that the laws
OF this country failed to impose reciprocal
assistance" upon relatives BY marriage, did
not - make the execution of the French judg.
ment contrary to the public policy and 10 the
Legislative system ofthis country that the judg- |
ment, having been pronounced by q court
having Jurisdiction OF the parties In action,
and the subject matter being conclusive as to
its merits, the Judgment should be executed as
q foreign decree for alimony would be, and
that 1t is OF no Importance that the French law
differs rom the law OF the United States, 1t
being admitted that the case was properly
decided according to the low OF France"
where the marriage was contracted and where
the child was born.
Judge Woodruff reserved his decision. 1t is
alleged by persons we'll acquainted with the
facts in this case, that Brimont has not q drop
of noble blood In his veins; but that, for the
purpose of marrying an American helress, he
purchased the right to use, for a time, the
title Of baron.