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 129
... nullity . It is said that , by the law of Scotland , if the wife of the first private marriage chooses to lie by , and to suffer another woman to be trepanned into a marriage with her husband , she may be barred per- sonali exceptione ...
... nullity . It is said that , by the law of Scotland , if the wife of the first private marriage chooses to lie by , and to suffer another woman to be trepanned into a marriage with her husband , she may be barred per- sonali exceptione ...
Page 142
... Nullity of marriage , by and imperfect publication of banns . Omis- sion of one POUGET v . TOMKINS , FALSELY CALLING HERSELF POUGET . THIS was a suit of nullity of marriage brought by the father of William Peter Pouget , as reason of ...
... Nullity of marriage , by and imperfect publication of banns . Omis- sion of one POUGET v . TOMKINS , FALSELY CALLING HERSELF POUGET . THIS was a suit of nullity of marriage brought by the father of William Peter Pouget , as reason of ...
Page 170
... nullity had been brought by the committee , and sustained . JUDGMENT . Sir William Scott . - I am not aware of any case which has occurred precisely similar to the pre- sent ; it must therefore be decided not on express authority , but ...
... nullity had been brought by the committee , and sustained . JUDGMENT . Sir William Scott . - I am not aware of any case which has occurred precisely similar to the pre- sent ; it must therefore be decided not on express authority , but ...
Page 171
... nullity , that power has been recognized and allowed . In the case of Fust v . Bowerman the committee was permitted to pro- eeed that was a stronger case . In these pro- ceedings the wife can sustain no injury , as the lunatic will have ...
... nullity , that power has been recognized and allowed . In the case of Fust v . Bowerman the committee was permitted to pro- eeed that was a stronger case . In these pro- ceedings the wife can sustain no injury , as the lunatic will have ...
Page 172
... Nullity of mar- riage by licence , nority and want of consent , sus- tained . DAYS , FALSELY CALLED JARVIS , v . JARVIS . THIS was a suit of nullity of marriage , insti- tuted by Elizabeth Hannah Days , spinster , by reason of mi ...
... Nullity of mar- riage by licence , nority and want of consent , sus- tained . DAYS , FALSELY CALLED JARVIS , v . JARVIS . THIS was a suit of nullity of marriage , insti- tuted by Elizabeth Hannah Days , spinster , by reason of mi ...
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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.