Reports of Cases Argued and Determined in the Ecclesiastical Courts at Doctors' Commons, and in the High Court of Delegates: Michaelmas term, 1828-Trinity term, 1829, and some cases of an earlier date in the supplement and appendixW. Benning, 1830 - Ecclesiastical law |
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Page 14
... evidence of the very act committed at a and place ; but actual adultery has been com- mitted . The Court can- What then are the proofs on the libel of actual not separate on adultery ? for the Court cannot separate on im- proper conduct ...
... evidence of the very act committed at a and place ; but actual adultery has been com- mitted . The Court can- What then are the proofs on the libel of actual not separate on adultery ? for the Court cannot separate on im- proper conduct ...
Page 16
... evidence , that they did meet on some occasion , would very consistently with jus- tice warrant the Court in concluding that she was guilty of the crime imputed it must be such evidence as would allow the wife to coun- terplead 16 CASES ...
... evidence , that they did meet on some occasion , would very consistently with jus- tice warrant the Court in concluding that she was guilty of the crime imputed it must be such evidence as would allow the wife to coun- terplead 16 CASES ...
Page 17
... evidence of Parsloe and Bright , was staying at her house eight or nine months till June 1826. Bushe was intimately acquainted with Captain Mathews , and often called upon him ; Bushe , too , probably might go still more frequently for ...
... evidence of Parsloe and Bright , was staying at her house eight or nine months till June 1826. Bushe was intimately acquainted with Captain Mathews , and often called upon him ; Bushe , too , probably might go still more frequently for ...
Page 20
... evidence - perhaps even a dif- ferent aspect to the charge . But who Mrs. M. is , has not been explained in the evidence . It has not been pleaded , that by Mrs. M. was meant Mrs. Mathews . There is , I observe , at the end of the ...
... evidence - perhaps even a dif- ferent aspect to the charge . But who Mrs. M. is , has not been explained in the evidence . It has not been pleaded , that by Mrs. M. was meant Mrs. Mathews . There is , I observe , at the end of the ...
Page 22
... evidence , they do not sustain the charge . v . Thus then stands the evidence on the libel , and on it I do not feel myself warranted in pro- nouncing the adultery to be proved . There is , however , an additional article alleging a ...
... evidence , they do not sustain the charge . v . Thus then stands the evidence on the libel , and on it I do not feel myself warranted in pro- nouncing the adultery to be proved . There is , however , an additional article alleging a ...
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Common terms and phrases
18th Dec 1st Session 4th Session administration admitted adultery affidavit afterwards allegation alterations annuities appears appointed attested Barwick BEARBLOCK Bilton BURGOYNE By-Day Captain Harris cause ceased chapel charge church churchwardens circumstances codicil Colvin conduct costs Court Court of Arches death deceased deceased's declarations decree deponent deposed disposition EASTER TERM education in Scotland Edward Drax Free effect entitled evidence execution executors fact February 23 FRASER give granted Hamerton HILARY TERM Hillcoat HOILE Hubbert husband India instrument intention interrogatory intestacy July King's Advocate lady legacy legatee letters libel Lord Lushington marriage Marsh Meakins ment MICHAELMAS TERM mind Mortimer MOYSEY Mynn nephew paper parish parishioners party person pleaded possession present presumption probate proceedings proctor proof propounded proved Rector residuary respect revoked Rowcroft Scales SKEFFINGTON solicitor suit testamentary testator Thomas tion tithe TRINITY TERM TYRRELL AND HARDING vestry wife wished witnesses
Popular passages
Page 453 - My pulse, as yours, doth temperately keep time, And makes as healthful music. It is not madness That I have utter'd : bring me to the test, And I the matter will re-word, which madness Would gambol from.
Page 436 - ... place my claim to your verdict upon no such dangerous foundation. I must convince you not only that the unhappy prisoner was a lunatic, within my own definition of lunacy, but that the act in question was the immediate, unqualified offspring of the disease. In civil cases, as I have already said, the law avoids every act of the lunatic during the...
Page 122 - It is a great, but not an uncommon error, to suppose that because a person can understand a question put to him, and can give a rational answer to such question, he is of perfect sound mind, and is capable of making a will for any purpose whatever, whereas the rule of law (and it is the rule of common sense) is far otherwise. The competency of the mind must be judged of by the nature of the act to be done, and from a consideration of all the circumstances of the case.
Page 344 - Few declarations deserve less credit than those of men as to what they have done by their Wills. The wish to silence importunity, to elude questions from persons, who take upon them to judge of their own claims, must be taken into consideration ; with a fair regard to the primd facie import, and the possible intention, connected with all the other circumstances.
Page 56 - After the Divine Service ended, the money given at the Offertory shall be disposed of to such pious and charitable uses, as the Minister and Church-wardens shall think fit. Wherein if they disagree, it shall be disposed of as the Ordinary shall appoint.
Page 664 - That upon answers being prayed, the proctor praying the answers shall forthwith take out a decree, and shall cause the same to be duly served, without delay, on the adverse party in the cause, so as to put such party in contempt, in case the decree shall not be obeyed within a reasonable time. Provided that the examination of witnesses shall not be delayed, nor the publication be postponed, in order to wait for the answers ; but publication shall pass as aforesaid, unless, upon application being...
Page 122 - It was agreed by the judges, that ' sane memory, for the making of a will, is not at all times when the party can answer to any thing with sense, but he ought to have judgment to discern and to be of perfect memory, otherwise the will is void.
Page 415 - ... adulterer, would be sufficient, in order to bar a suit for divorce by reason of adultery, is nowhere laid down, at least with that distinctness and precision which would furnish a safe guide for the court to act upon. The court certainly does not recollect any case of the kind ; but it can conceive that a case might arise of such wilful neglect, or rather exposure, as might, without proving actual connivance, possibly bar the husband of all remedy by a divorce. A husband might introduce his wife...
Page 415 - Volenti nonfit injuria. This principle is very clearly established; but what degree of neglect, however culpable, short of an actual and voluntary exposure of the wife to the seduction of an adulterer, would be sufficient, in order to bar a suit for divorce by reason of adultery, is nowhere laid down, at least with that distinctness and precision which would furnish a safe guide for the Court to act upon. The Court certainly does not recollect any case of the kind; but It can conceive...
Page xiv - That where proceedings are carried on " inpoenam contumacies" witnesses may be produced and sworn before a Surrogate in his chambers, as well as in open Court, and such production shall be immediately entered and recorded in the Register Book; but the witness so produced shall not be repeated to his deposition, until forty-eight hours, at least, shall have expired from the time of his production.