The Practice and Evidence in Cases of Divorce and Other Matrimonial Causes: Together with the Acts, Rules, Forms, &cW. Benning & Son, 1860 - 231 pages |
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Page 5
... admitted after the time specified , Fowler v . Fowler and Newcomen , MSS . , and who shall pay the costs of any delay in the cause , rule 46 ; and likewise with affidavits , 47 : and may also ex- tend the time for the performance of any ...
... admitted after the time specified , Fowler v . Fowler and Newcomen , MSS . , and who shall pay the costs of any delay in the cause , rule 46 ; and likewise with affidavits , 47 : and may also ex- tend the time for the performance of any ...
Page 32
... , but not otherwise , rule 37 . Applications for a discharge of any order made to protect the earnings and property of the wife are to be founded on affidavit , rule 40 . No person shall be admitted to prosecute a suit in 32 THE PRACTICE .
... , but not otherwise , rule 37 . Applications for a discharge of any order made to protect the earnings and property of the wife are to be founded on affidavit , rule 40 . No person shall be admitted to prosecute a suit in 32 THE PRACTICE .
Page 33
... admitted to prosecute a suit in formâ pauperis without the order of the Judge Ordinary ; and to obtain such order , the case laid before counsel for his opinion , and his opinion thereon , with an affidavit of the party , or of his or ...
... admitted to prosecute a suit in formâ pauperis without the order of the Judge Ordinary ; and to obtain such order , the case laid before counsel for his opinion , and his opinion thereon , with an affidavit of the party , or of his or ...
Page 36
... admitted to be quite true and correct , yet they do not constitute a legal grievance against the respondent , or a legal answer to the petitioner's prayer . Mr. Stephen , in his last edition of Blackstone , vol . iii . p . 570 , says ...
... admitted to be quite true and correct , yet they do not constitute a legal grievance against the respondent , or a legal answer to the petitioner's prayer . Mr. Stephen , in his last edition of Blackstone , vol . iii . p . 570 , says ...
Page 42
... admitted by Mr. Baron Martin , on Mr. Edwin James urging their reception , but subject to any appeal against the same . Since this court is to observe the rules appli- cable to , and observed by , the superior Courts of Common Law , it ...
... admitted by Mr. Baron Martin , on Mr. Edwin James urging their reception , but subject to any appeal against the same . Since this court is to observe the rules appli- cable to , and observed by , the superior Courts of Common Law , it ...
Other editions - View all
The Practice and Evidence in Cases of Divorce and Other Matrimonial Causes ... Richard Thomas Tidswell No preview available - 2017 |
The Practice and Evidence in Cases of Divorce and Other Matrimonial Causes ... Richard Thomas Tidswell No preview available - 2017 |
Common terms and phrases
21 Vict admitted adul adultery affidavit aforesaid alimony allowed amend answer appear application attorney banns bigamy certificate citation co-respondent cohabitation collusion commenced committed adultery Common Law condonation conjugal rights connivance consent copy costs counsel Court for Divorce Court of Probate cruelty Curt Curtis D'Aguilar declared decree desertion dissolution of marriage Divorce and Matrimonial Ecclesiastical Court entitled Evans evidence fact fees filed folio of seventy-two full court ground Hagg held House of Lords husband intended marriage issue jactitation Judge Ordinary judicial separation jury licence Lord Lordship Loveden Majesty Majesty's Court married Matrimonial Causes Moorsom notice nullity of marriage oath party pendente lite person peti petition petitioner Phill pleaded præcipe proceedings proctor proof proved recited Acts refused registry resident respondent restitution of conjugal riage rule sentence seventy-two words solemnized solicitor sufficient summons superintendent registrar tery thereof thoro tion Tourle trial valid void wife wife's witness
Popular passages
Page 107 - That if any person, being married, shall marry any other person during the life of the former husband or wife,' whether the second marriage shall have taken place in England or elsewhere, every such offender, and every person counselling aiding or abetting such offender, shall be guilty of felony...
Page xxxvii - ... no witness in any proceeding, whether a party to the suit or not, shall be liable to be asked or bound to answer any question tending to show that he or she has been guilty of adultery, unless such witness shall have already given evidence in the same proceeding in disproof of his or her alleged adultery.
Page xxxiii - ... been accessory to or conniving at the adultery of the other party to the marriage, or has condoned the adultery complained of, or that the petition is presented or prosecuted in collusion with either of the respondents, then and in any of the said cases the court shall dismiss the said petition.
Page lvi - Judge shall certify that the refusal to admit was reasonable ; and no costs of proving any document shall be allowed unless such notice be given, except...
Page xci - Barons, or five of them at the least, of whom, the Lord Chief Justice of the Court of Queen's Bench, the Lord Chief Justice of the Court of Common Pleas, and the Lord Chief Baron of the Court of Exchequer, or one of...
Page 107 - Provided, that nothing in this section contained shall extend to any second marriage contracted elsewhere than in England and Ireland by any other than a subject of Her Majesty, or to any person marrying a second time whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time...
Page xxxiv - ... if it shall find that the petitioner has during the marriage been guilty of adultery, or if the petitioner shall, in the opinion of the court, have been guilty of unreasonable delay in presenting or prosecuting such petition, or of cruelty towards the other party to the marriage, or of having deserted or wilfully separated himself or herself from the other party before the adultery complained of, and without reasonable excuse, or of such wilful neglect or misconduct as has conduced to the adultery.
Page xxxv - CHUdreDa marriage, the court may from time to time, before making its final decree, make such interim orders, and may make such provision in the final decree, as it may deem just and proper with respect to the custody, maintenance, and education of the children...
Page xxxiv - The court may, if it thinks fit, on any decree for dissolution or nullity of marriage, order that the husband shall, to the satisfaction of the court, secure to the wife such gross sum of money or such annual sum of money for any term not exceeding her life as, having regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties...
Page xxxii - a**6 of a Judicial separation the wife shall, whilst so separated, be considered as a feme sole for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil proceeding...