Reports of Cases Argued and Determined in the English Ecclesiastical Courts: Haggard's reports, v. 2 and Haggard's consistorial reports, v. 1 and 2P. H. Nicklin and T. Johnson, 1832 - Divorce |
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Page 11
... proceedings , or of the sentence of the Court below . BROWN v . BROWN . - p . 5 . An assignment , apparently fraudulent and colorable , by the husband of all his property after the commencement of a suit by the wife for divorce , cannot ...
... proceedings , or of the sentence of the Court below . BROWN v . BROWN . - p . 5 . An assignment , apparently fraudulent and colorable , by the husband of all his property after the commencement of a suit by the wife for divorce , cannot ...
Page 19
... proceeding to the last extremity of guilt ; and the Court must be satisfied not only that there has been a surrender of the mind , but of the person . It has been argued , that these letters show that actual guilt had passed ; but on ...
... proceeding to the last extremity of guilt ; and the Court must be satisfied not only that there has been a surrender of the mind , but of the person . It has been argued , that these letters show that actual guilt had passed ; but on ...
Page 23
... proceedings in Chancery ) —which was de- creed , on the next of kin being cited and after due inquiries for a will , and was called in by the executors of a will , not produced till long after - directed to be re - delivered out , and ...
... proceedings in Chancery ) —which was de- creed , on the next of kin being cited and after due inquiries for a will , and was called in by the executors of a will , not produced till long after - directed to be re - delivered out , and ...
Page 24
... proceedings will be void , and must be commenced de novo . In Easter Term 1828 , the executors , who at last prove the will , call in this administration . what ground ? Because the decree was not personally served . But they do not ...
... proceedings will be void , and must be commenced de novo . In Easter Term 1828 , the executors , who at last prove the will , call in this administration . what ground ? Because the decree was not personally served . But they do not ...
Page 28
... proceedings had been instituted in Chancery , for the purpose of obtaining a commis- sion of lunacy as to the son , and , on that account , it was prayed that the allegation might stand over . That application was granted , and now a ...
... proceedings had been instituted in Chancery , for the purpose of obtaining a commis- sion of lunacy as to the son , and , on that account , it was prayed that the allegation might stand over . That application was granted , and now a ...
Common terms and phrases
administration admitted adultery afterwards allegation alterations appears attested called canon law Captain Harris cause character charge circumstances codicil cohabitation Colvin conduct considered copula Court cruelty daughter death deceased deceased's declarations deponent deposed deposition disposition education in Scotland effect entitled Evans evidence examined executed executors fact favour Fraser give given Hamerton Hone Hupa husband India inference instrument intention intercourse interrogatory intestacy intestate Jane Smyth Jews John John Bird judgment Kedushim Ketuba Lady Westmeath legacy legatee letter libel Lord Westmeath Loveden marriage married Marsh mind Mortimer Mynn nephew never observed occasion opinion paper parties person plea pleaded præsenti present presumption probate proceedings pronounced proof propounded proved question reason residuary respect says Scotland separation servants solicitor stairs statutes of mortmain sufficient suit suppose testamentary testator tion took Tyrrell validity wife William wished witnesses woman
Popular passages
Page 393 - bride then drink of the wine ; after which the ' bridegroom takes the ring, and puts it on the ' bride's finger; saying, ' Behold thou art wedded ' to me with this ring, according to the law of * Moses and Israel.
Page 309 - When people understand that they must live together, except for a very few reasons known to the law, they learn to soften by mutual accommodation that yoke which they know they cannot shake off. They become good husbands and good wives from the necessity of remaining husbands and wives ; for necessity is a powerful master in teaching the duties which it imposes.
Page 308 - To vindicate the policy of the law is no necessary part of the office of a judge ; but if it were, it would not be difficult to shew that the law in this respect has acted with its usual wisdom and humanity, with that true wisdom, and that real humanity, that regards the general interests of mankind. For though in particular cases the repugnance of the law to dissolve the obligations...
Page 460 - ... is, that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion ; for it is not to lead a rash and intemperate judgment, moving upon appearances that are equally capable of two interpretations ; neither is it to be a matter of artificial reasoning, judging upon such things differently from what would strike the careful and cautious consideration of a discreet man.
Page 188 - Bring me to the test, And I the matter will re-word, which madness Would gambol from. Mother, for love of grace, Lay not that flattering unction to your soul, That not your trespass, but my madness speaks.
Page 262 - What merely wounds the mental feelings is in few cases to be admitted, where they are not accompanied with bodily injury, either actual or menaced. Mere austerity of temper, petulance of manners, rudeness of language, a want of civil attention and accommodation, even occasional sallies of passion, if they do not threaten bodily harm, do not amount to legal cruelty...
Page 309 - Still less is it cruelty when it wounds not the natural feelings, but the acquired feelings arising from particular rank and situation; for the court has no scale of sensibilities by which it can gauge the quantum of injury done and felt...
Page 309 - And if it be complained that by this inactivity of the courts much injustice may be suffered and much misery produced, the answer is that courts of justice do not pretend to furnish cures for all the miseries of human life.
Page 554 - Petersburg does not look to the ritual of the Greek Church, but to the rubric of the Church of England, when he contracts a marriage with an English woman. Nobody can suppose, that, whilst the Mogul empire existed, an Englishman was bound to consult the Koran for the celebration of his marriage.
Page 308 - The law has said that married persons shall not be legally separated upon the mere disinclination of one or both to cohabit together. The disinclination must be founded upon reasons which the law approves, and it is my duty to see whether those reasons exist in the present case.