Reports of Cases Argued and Determined in the Consistory Court of London: Containing the Judgments of the Right Hon. Sir William Scott, 2. köide;10. köideA. Strahan, 1822 |
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Page 60
... constitute his defence ; not being produced , the necessary conclusion is , either that they do not exist , or that they contain nothing , which he could use with any advantage for such a purpose . The considerations that apply to the ...
... constitute his defence ; not being produced , the necessary conclusion is , either that they do not exist , or that they contain nothing , which he could use with any advantage for such a purpose . The considerations that apply to the ...
Page 63
... constitute marriage , yet it is so far one of the essential duties , for which the parties stipulate , that the incapacity of either party to satisfy that duty nullifies the contract t . - Marriage , in its origin , is a contract of ...
... constitute marriage , yet it is so far one of the essential duties , for which the parties stipulate , that the incapacity of either party to satisfy that duty nullifies the contract t . - Marriage , in its origin , is a contract of ...
Page 73
... constitutes a marriage ; without providing for a possible case in which she might establish some of these matters and fail in establishing others , e . g . if she failed in proof of a copula , but succeeded in establishing a solemn ...
... constitutes a marriage ; without providing for a possible case in which she might establish some of these matters and fail in establishing others , e . g . if she failed in proof of a copula , but succeeded in establishing a solemn ...
Page 80
... constitutes or evidences a marriage without a copula ; and secondly , whether , if it does not , the present evidence supplies sufficient proof that such a re- quisite has been complied with . The determination of the first question ...
... constitutes or evidences a marriage without a copula ; and secondly , whether , if it does not , the present evidence supplies sufficient proof that such a re- quisite has been complied with . The determination of the first question ...
Page 83
... constitute a valid marriage . The deliberate " consent of parties , entering into an agreement " to take one another for husband and wife , was " sufficient to constitute a legal marriage , as valid " in every respect as that which is ...
... constitute a valid marriage . The deliberate " consent of parties , entering into an agreement " to take one another for husband and wife , was " sufficient to constitute a legal marriage , as valid " in every respect as that which is ...
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Common terms and phrases
16th July acknowledgment additional Interrogatories admitted adultery afterwards alleged answereth and saith appears authority banns Barker bed-room Burgess BUZZARD and BOYER Campbell cause celebrated church circumstances coffins cohabitation consent de pr¿senti considered constitute a marriage contract copula Court of Session decision declaration of marriage Deponent deposes and answereth deposes and answers doctrine domiciled doubt effect evidence Exhibits fact France Grinton ground House of Lords husband and wife Interrogatories this Respondent jactitation Johanna Dalrymple John William Henry judgment June lady law of Scotland laws of France letters libel licence Lord Hawke Lord Stair Loveden matrimonial Miss Gordon nullity observed opinion parish parties person pleaded present principle proceedings PROCTOR promise of marriage proof proved question respect Respondent answereth Respondent deposes riage ROBERT CRAIGIE says SCRIMSHIRE sentence SIR ILAY CAMPBELL solemnized sufficient suit SULLIVAN tion valid William Henry Dalrymple witnesses woman writing
Popular passages
Page 366 - England ; no man shall be accounted or taken to be a lawful Bishop, Priest, or Deacon in the Church of England, or suffered to execute any of the said Functions, except he be called, tried, examined, and admitted thereunto, according to the Form hereafter following, or hath had formerly Episcopal Consecration, or Ordination.
Page 1 - ... in a hundred in which that proof would be attainable : it is very rarely indeed that the parties are surprised in the direct fact of adultery. In every case almost the fact is inferred from circumstances that lead to it by fair inference as a necessary conclusion^ and unless this were the case, and and unless this were so held, no protection whatever could be given to marital rights.
Page 263 - ... qui ea vera ac rata esse negant, quique falso affirmant, matrimonia a filiis familias sine consensu parentum contracta irrita esse, et parentes ea rata vel irrita faceré posse: nihilominus sancta Dei ecclesia ex iustissimis causis illa semper detestata est atque prohibuit.
Page 58 - Marriage, being a contract, is of course consensual (as is much insisted on, I observe, by some of the learned advocates J for it is of the essence of all contracts, to be constituted by the consent of parties. Consensus non concubitus facit matrimonium*, the maxim of the Roman civil law, is, in truth, the maxim of all law upon the subject...
Page 289 - The first thing which the Court looks to, when a charge of adultery is preferred, is the date of the charge, relatively to the date of the criminal fact charged, and known by the Party ; because, if the interval be very long between the date and knowledge of the fact, and the exhibition of them to this Court, It will be indisposed to relieve a party, who appears to have slumbered in sufficient comfort over them ; and It will be inclined to infer either an insincerity in the complaint, or an acquiescence...
Page 59 - Marriage, in its origin, is a contract of natural law; it may exist between two individuals of different sexes, although no third person existed in the world, as happened in the case of the common ancestors of mankind: it is the parent, not the child, of civil society, "principium urbis et quasi scminarium rci publicat." (Cic. de Off. 1. 17).- — In civil society it becomes a civil contract, regulated and prescribed by law, and endowed with civil consequences.
Page 328 - If these positions be true, it certainly follows that the question of comparative duration sinks into utter insignificance. " In support of them, it seems to be assumed that the tenant himself is imperishable; for surely there can be no inextinguishable title, no perpetuity of possession, belonging to a subject which itself is perishable — but the fact is, that 'man,' and 'for ever,' are terms quite incompatible in any state of his existence, dead or living, in this world.
Page 400 - I do not say that foreign laws cannot be received in this Court in cases where the Courts of that country had a jurisdiction. But I deny the lex loci universally to be a foundation for the jurisdiction, so as to impose an obligation upon the Court to determine by those foreign laws.
Page 55 - The cause being entertained in an English Court, it must be adjudicated according to the principles of English law applicable to such a case, but the only principle applicable to such a case by the law of England is that the validity of...