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 4
... pleads " that the parties retired together into Wales , where they " lived in domestic intimacy . " In the responsive allegation it is pleaded " that they did not go by agreement ; but that they met " there accidentally ; " though it ...
... pleads " that the parties retired together into Wales , where they " lived in domestic intimacy . " In the responsive allegation it is pleaded " that they did not go by agreement ; but that they met " there accidentally ; " though it ...
Page 59
... pleaded and proved , and is as much therefore under the eye , and under the attention , and under the protection of the Court , as if she were formally a party to the question respecting the validity of this marriage , which is in ...
... pleaded and proved , and is as much therefore under the eye , and under the attention , and under the protection of the Court , as if she were formally a party to the question respecting the validity of this marriage , which is in ...
Page 60
... plead the indiscretion of minority . Still less can the habits of a particular profession , exonerate a man from the general obligations of law . And with respect to any ignorance arising from foreign birth and educa DALRYMPLE . tion ...
... plead the indiscretion of minority . Still less can the habits of a particular profession , exonerate a man from the general obligations of law . And with respect to any ignorance arising from foreign birth and educa DALRYMPLE . tion ...
Page 61
... pleaded to be constituted , by virtue of some or all of the facts , of which I have just given the outline , and to which I shall have occasion more particularly to advert in the course of my judgment , has been in the argument ...
... pleaded to be constituted , by virtue of some or all of the facts , of which I have just given the outline , and to which I shall have occasion more particularly to advert in the course of my judgment , has been in the argument ...
Page 75
... pleaded to be the first that was executed by them , and it is highly reasonable to presume that it was so , for no person , I think , would be content to accept such a paper as this , after having received the papers which follow ...
... pleaded to be the first that was executed by them , and it is highly reasonable to presume that it was so , for no person , I think , would be content to accept such a paper as this , after having received the papers which follow ...
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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 præsenti 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...