New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-11-25

NOVEL APPLICATION or A PRESCH BARON
Pauline Penniman, daughter or Mr. ana
sirs James f Penuiman Of this city, niaETieH IN
Paris In 1863 to the Baron CASTOR de BrimOn In abcpt
year after tho marriage the Baroness died under cir
cumstanoos which, II has been sad cast unenviaoie su
pciOns upon her husband She left an infant daughter
who IS still living with the Baron Paris, During their
DAUGHTERS married life Mr. and Mrs Penuiman allowed
the Baron, who was poor $1,000 year in gold but after
their daughters DEATH they stopped the allowance and
refused to any provision for the support Of himself
and child unless he would c0mait the latter entirely TO
their caro-. Declining 20 do this she Baron brought suit
in France against AIr. and Mrs, Penniman to compel
them 20 make allowance for the maintenance Of him
self and child The suit was instituted under peculiar
law Of France, which says that wealthy parents shall
render pecunary assistance their needy children that
wealthy children shall contribute to the support OF their
impoverished families and that fatherinIaw mothers
fu-iav sons-in-law and daughtersinIaw owe 20 one
another The assistance that they would owe II they
blood relations. These obligations, however, up0h
relations 10y marriage arc In force only while there Is
eh livny VINO is liueally descended both from the
person who demands aud the person VINO Is re-
quired to render pecunary assistance" under the law
against Mr.. and Mrs. Pennimau that they should
jointly and severally pay TO him an allowance OI
$500 per year; 900 De retained by him Tor MS own
support and s4OO 10 be expended by him for the sup
port and education Of bis daughter" me qele1uAts
appealed IN the highest court France which affirmed
the judgment OF the court below hr. Pennnan ana
has wife then returned 10 America, leaving no pIopt
France out OF which the Judgment could be tlsn9a,
aud the Baron brought suit against them, upon ms
French Judgment. in the United States Circuit Court Tor
the Southern District of this State.
TIE case came up, Saturday, in that Court before
Judge Woodruff, n demurrer iuterp0scd IN DehaI on
the defendants by r. r. COnderJ and K H. BOVINE VINO
argued that the French law compelling relatives Dy mar
rage 70 support another contrary 10 the ehtle
system of American lcgalatiOn ana That therefore IL
would be both legal aud mOnstrOus 20 t0rce the dcIenu
ants who are Americans abide by the Judgment OF
the French Court, founded upon local law
" France. which has no extra-terrtOrial effect,
and make year after year 20 their former sOnnaw an
allowance which OF their own children can iefay
demand from them" G.. NJ. Van Hosen and lC i. ldon
man. 0r the plaintiff cOntended that the fact that the
laws OF this country failed % impose reciprocal as
sistauce upon relatives bY marriage, did not make me
execution the French Judgment contrary 70 the puDc
policy and 10 the legislative system OF this country tAt
the Judgment having been pronounced by court having
jurisdiction OF the parties ia action, and the suDlect
matter being conclusive as % s merits, the Jh1gcut
should be executed "a foreign decree Ior aHnonK
would be, and that s OF importance thlt the frtnch
law differs from the law OF the United states, 10 DeihB
admitted that tho properly Gecded accOIlIls
70 the law of France" where the marriage was con-
tracred and where the child was born.
Judge woodruff reserved his decision - is alleged Dy
persons wen acquainted with the facts IN thus case ta
BlmOnt has drop OF noble blood In his VEINS Dut
that FOR the purpose OF marrying an American Ltltesa
be purchased the right 10 use, for tuc Tue ute u
Baron.