Cases on the conflict of laws : selected from decisions of English and American courts . rela-tion between the plaintiff and the defendant, which are involved inthis case, are not imposed by, and do not rest in or spring from, thecontract between the parties. The only office of the contract, undersection 2590 of the Code, is the establishment of a relation betweenthem,—that of master and servant; and it is upon that relation,that incident or consequence of the contract, and not upon the rightsof the parties under the contract, that our statute operates. The law-is not concerned with the contra
Cases on the conflict of laws : selected from decisions of English and American courts . rela-tion between the plaintiff and the defendant, which are involved inthis case, are not imposed by, and do not rest in or spring from, thecontract between the parties. The only office of the contract, undersection 2590 of the Code, is the establishment of a relation betweenthem,—that of master and servant; and it is upon that relation,that incident or consequence of the contract, and not upon the rightsof the parties under the contract, that our statute operates. The law-is not concerned with the contractual stipulations, except in so faras to determine from them that the relation upon which it is to oper-ate exists. Finding this relation, the statute imposes certain dutiesand liabilities on the parties to it, wholly regardless of the stipulationsof the contract as to the rights of the parties under it, and, it maybe in the teeth of such stipulations. It is the purpose of the statute,and must be the limit of its operation, to govern persons standing in fc^ t^ *tK>>*^^*-«H. 486 PARTICULAR SUBJECTS. (Part 2 the relation of master and servants to each other, in respect of theirconduct in certain particulars within the state of Alabama. Mississip-pi has the same right to establish governmental rules for such per-sons within her borders as Alabama, and she has established ruleswhich are different from those of our law; and the conduct of suchK persons towards each other is, when its legality is brought in ques- ^ . tion, to be adjudged by the rules of the one or the other states as it falls territorially within the one or the other. The doctrine is like that which prevails in respect of other relations, as that of man andwife. Marriage is a contract. The entering into this contract raisesup certain duties and-imposes cerlaitu4iabilities^n_all civilized coun-tries. What these duties and liabilities are__at- ^hp pince of the con-tract are de1:erminable_hy_inelaw qf_thaL4ila
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