Reports of Cases Argued and Determined in the Consistory Court of London: Containing the Judgments of the Right Hon. Sir William Scott, 2. 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 75
... constituting contracts de præsenti , or only promises de futuro . The first paper is without date , and is merely a promise . Mr. Dalrymple promises to marry Miss Gordon as soon as it is in his power , and she promises the same ; it is ...
... constituting contracts de præsenti , or only promises de futuro . The first paper is without date , and is merely a promise . Mr. Dalrymple promises to marry Miss Gordon as soon as it is in his power , and she promises the same ; it is ...
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 ...
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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 Court of Session DAVID HUME decision declaration of marriage Deponent deposes and answers doctrine domiciled doubt effect evidence Exhibits fact France further Grinton ground Herbert House of Lords husband and wife Interrogatories this Respondent Johanna Dalrymple John William Henry judgment lady law of Scotland laws of France letters libel licence Lord Hawke Lord Stair Loveden matrimonial Miss Gordon mutual nullity observed opinion parish parties persons pleaded present principle proceedings PROCTOR promise of marriage proof proved question residence respect Respondent answereth Respondent deposes riage says SCRIMSHIRE sentence shew Sir Ilay Campbell solemnized sufficient suit SULLIVAN tion valid William Henry Dalrymple witnesses woman writing
Popular passages
Page 402 - 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 275 - Tamet si dubitandum non est, clandestina matrimonia, libero contrahentium consensu facta, rata et vera esse matrimonia, quamdiu Ecclesia ea irrita non fecit...
Page 275 - ... 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 315 - 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 63 - 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 2 - It is a fundamental rule that it is not necessary to prove the direct fact of adultery, because, if it were otherwise, there is not one case in a hundred in which that proof would be attainable — it is very rarely indeed that parties are surprised in the direct fact of adultery.
Page 62 - 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 137 - Miss Gordon is the legal wife of John William Henry Dalrymple Esq. and that he, in obedience to the law, is bound to receive her home in that character, and to treat her with conjugal affection...
Page 346 - ... by private caprice and fancy, amidst all the giddy revolutions that are perpetually varying the modes and fashions that belong to lighter circumstances in human life.
Page 354 - 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.