The law of marriage and divorce

Front Cover
M. Bender, incorporated, 1921 - 3038 pages

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Contents

CHAPTER IV
1363
Indian Marriages
1365
Marriages Between White and Colored Persons
1366
Persons Living in Immorality
1367
CHAPTER V
1368
Insanity
1369
Lucid Intervals Temporary Insanity etc
1370
Marriages how Annulled for Insanity Marriages Confirmed
1372
Drunkenness
1373
Deaf and Dumb Persons
1374
CHAPTER VI
1375
Extent of Malformation
1376
1112 Refusal of Intercourse
1377
Venereal Disease
1378
Estoppel to Complain
1379
CHAPTER VII
1381
Age of Consent
1382
Whether Void or Voidable
1383
Election to Affirm or Disaffirm
1384
PRIOB MARRIAGE UNDISSOLVED 1126 Bigamous Marriage Void
1386
Bigamy a Crime
1387
Effect of Belief in Death of Absent Spouse
1388
Bigamous Relations Continuing After Removal of Impediment
1389
Effect of Bigamous Marriage on Innocent Party
1392
Annulment on Petition of the Innocent Party
1393
CHAPTER IX
1395
Void or Voidable
1396
CHAPTER X
1398
Nature of Fraud
1399
Marriage Induced by Fraud Voidable
1400
Failure to Fulfill Promise of Further Ceremony
1401
Concealment of Past Unchastity
1402
14 Pregnancy Concealed or Misstated
1403
Concealment of Venereal Disease
1405
Civil Action for Fraud Inducing Marriage
1406
Parties to Action to Avoid Marriage for Fraud
1407
Marriage Under Duress
1408
Marriage Induced by Threat of Prosecution for Seduction
1409
Error in Individual
1410
Sham Marriage
1411
CHAPTER XI
1412
Jurisdiction for Annulment
1413
What Law Governs Annulment
1414
Statutes Governing
1415
Grounds for Annulment in General
1416
Duress
1418
Defences in General
1419
Plaintiffs Fault as Defence
1420
Custody of Children
1421
Dissolution of Voidable Marriage by Agreement
1423
Actions to Validate Marriages
1424
CHAPTER XII
1425
Form of Agreement
1427
Mutual Consent Required
1428
Conditional Agreement
1429
Per Verba de Praesenti
1431
Per Verba de Futuro
1433
Intercourse After Betrothal
1434
Public Cohabitation Necessary
1435
Character of Cohabitation
1437
Who may Make
1438
After Divorce
1439
In What State Valid
1440
Effect of Statute Ratifying Common Law Marriages
1441
Evidence
1442
CHAPTER XIII
1443
Religious Ceremony
1444
Statutes Prescribing Forms Directory Only
1446
Form of Assent
1447
1195 Witnesses
1448
War Marriages
1449
CHAPTER XIV
1450
Celebration by One Without Authority
1451
Belief of Person Celebrating Marriage in Its Validity
1452
Fees
1453
CHAPTER XV
1454
American Law
1455
When Guardian Should Consent
1456
Stepparent
1457
CHAPTER XVI
1458
Marriage by Telephone
1459
CHAPTER XVII
1460
License Improperly Issued
1461
Fraud in Obtaining License
1462
Official Issuing License Charged With Duty of Inquiry
1463
Record
1465
CHAPTER XVIII
1466
Declarations of Parties
1467
Declarations of Family
1469
Marriage Records
1471
Record Not Necessary
1472
Marriage Certificate
1473
Divorce Decree
1474
CHAPTER XIX
1475
Presumption of Innocence
1476
Presumption Favoring Marriage
1477
Presumption of Foreign Ceremonial Marriage
1478
Legitimacy of Children Favored
1479
Cohabitation and Repute
1480
Family Repute
1484
Presumption of Continuance of Marriage
1485
Presumption of Dissolution of Prior Marriage
1486
Lack of Record
1489
Secret Marriages
1490
Burden of Proof
1491
CHAPTER XX
1493
Marriages in Violation of Public Policy
1497
Law of Domicile
1500
Marriage by Mail
1501
Leaving State to Evade Its Laws
1502
CHAPTER XXI
1503
Wills American Rule
1504
Bequest Conditioned on Separation
1505
Restraint on Remarriage of Widows
1506
Restraint on Marriage With Particular Person
1507
Deeds
1508
PART VIII
1509
CommonLaw Action for Breach of Promise
1510
What Constitutes the Promise to Marry
1511
Promises to Marry as Affected by the Statute of Frauds
1516
Conditional Agreement
1517
Whether Promise to Divorced Woman Is to Unmarried Female
1518
Contracts by Infants Lunatics etc
1519
Consideration
1520
Construction
1521
Performance and Breach
1522
Contracts by Married Persons Void
1524
Interference of a Third Party
1526
Offer and Refusal as Precedent to Action
1527
Defences in General
1529
Tllness or Incapacity
1530
Immorality as Defence
1532
Fraud
1533
Time to Sue and Limitations
1534
Abatement on Death
1535
Damages
1536
Seduction etc in Aggravation of Damages
1539
Punitive Damages
1542
Concluding Observations Upon the Action for Breach of Promise
1544
Doubtful Policy of Such Actions
1545
Actions Growing in Disfavor
1547
CHAPTER II
1549
Separation Deeds Their History in England
1551
Separation Deeds in the United States
1553
Same Subject Intervention of Trustees
1555
Property Rights During Separation
1556
Whether Separation Deeds Bar Divorce Proceedings Effect of a Spouses Guilt
1558
Legal and Illegal Conditions in Separation Deeds Remedies
1560
English Doctrine Upholds Separation Deeds
1562
Custody of Offspring Under Modern English Separation Deeds
1563
Effect of Separation Deeds on Rights in Divorce
1564
English Suit for Restitution of Conjugal Rights Whether Sepa ration Deed Bars
1565
Latest English Rule as to Specific Performance of Covenants to Separate
1566
Separate Support Nature of Action
1567
Separate Support Venue of Action
1568
Separate Support Financial Ability of Parties 1670
1570
Separate Support Property Rights
1571
Vexatious Prosecutions for NonSupport Enjoined
1572
CHAPTER III
1573
Crime at Common Law and Under Statutes
1576
Constitutionality and Effect of Statutes
1577
CHAPTER IV
1583
CHAPTER V
1596
Life Estates and Remainders
1605
Contingencies or Possessory Rights
1607
Land Limited to the Separate Use of the Wife
1608
Joint Estates
1609
Statute Modifications
1610
Husbands Rights as Tenant
1613
Improvements by Husband and Other Claims
1614
Husbands Rights of Action
1616
Assignment of Curtesy
1617
CHAPTER II
1618
Mortgage
1619
Effect of Judicial Sale
1620
Release
1621
Waiver
1622
Logs of Wifes Seisin
1623
Remarriage of Husband
1624
Imprisonment or Crime
1625
CHAPTER III
1627
Origin and Nature of the Widows Dower
1628
Effect of Dower Interest in Keeping Estate Open
1630
CHAPTER IV
1631
Rights of Divorced Wife
1632
The Essential of Seisin in the Husband
1633
The Husbands Seisin in Trust Property etc
1635
The Husbands Seisin Subject Continued
1640
CHAPTER V
1643
Validity and Effect of Statutes
1644
Extended to Lands of Which Husband Seized During Coverture
1645
Limitation to Lands of Which Husband Dies Seized
1646
Indiana Rule
1648
CHAPTER VI
1649
Adverse Possession
1650
Defeasible Fee
1651
Insurance Policies
1652
Minerals and Timber
1653
Rents of Leased Land
1654
CHAPTER VII
1656
By Court
1657
Time and Manner of Assignment
1658
Necessity for Demand
1660
CHAPTER VIII
1661
Rights of Widow After Assignment
1663
Rights to Convey Before Assignment of Dower
1664
Rights of Convey After Assignment of Dower
1665
Rights to Profits Before Assignment of Dower
1666
Right to Contest Husbands Will
1667
Rights of Husbands Creditors
1668
Gross Sum in Lieu of Dower
1669
To Possession
1670
Inheritance Taxes
1671
Inheritance Tax Where Widow Takes Under Will
1672
CHAPTER IX
1674
By Agreement
1676
Effect of Antenuptial Agreement on Widows Allowance
1678
Alienation of Inchoate Dower by Wife
1679
Deeds to Devisees in Satisfaction of Will
1681
When Husbands Sole Conveyance Effective
1682
Specific Performance of Husbands Sole Conveyance
1683
Conveyance in Fraud of Dower
1684
Release
1690
Release Contained in Conveyance Fraudulent as Against Creditors
1693
Transfer of Personal operty
1694
Estoppel
1695
PROVISIONS IN LIEU OF DOWEB Page 1441 Contracts Excluding Dower
1698
Widows Election Between Contract and Dower
1699
Election When Widow is Insane
1702
Effect of Election on Remainders
1703
CHAPTER XI
1704
Inheritance Tax on Widows Allowance
1705
Incidents of Paraphernalia
1708
Wifes Equity of Exoneration
1710
Widows Right and Duty to Bury Husband
1711
Quarantine
1712
CHAPTER XII
1713
Desertion by Wife
1715
Insurable Interests
1716
PART X
1717
Divorce as known to the Ancients
1718
Jewish and Christian Views of Divorce
1719
Diversity of Divorce Laws in England and America
1720
CHAPTER II
1723
Whether at Law or in Equity
1724
Special Legislation Valid
1725
Legislative Divorces in this country
1727
Effect of Legislative Divorce on Property Rights
1729
No Specific Performance of Marriage
1730
Election by the Aggrieved Spouse as Between the Different Kinds of Divorce
1731
The Public as a Party in Divorce Suits
1732
Contracts or Other Proceedings Encouraging Divorces Illegal
1734
Discontinuance of Action for Nullity May Be Refused
1735
CHAPTER III
1736
Venue of Action
1737
Place of Marriage or of Offence
1738
Consent or Failure to Plead Jurisdiction
1739
No Jurisdiction Through Garnishees
1740
CHAPTER IV
1741
Domicile at Time of Suit
1742
Longth of Domicile Required in Various States
1743
Computation of Required Time of Residence
1745
Whether Statute Requiring Residence for Certain Time is Retroactive
1746
CHAPTER V
1747
Residence Equivalent to Domicile
1748
Change of Domicile
1749
Constitutionality of Statute Avoiding Divorce by Citizen in Another State in Fraud of Law of Domicile
1750
Acquiring Domicile in Orient
1751
Wifes Separate Domicile Where Wife is Libellee
1753
Effect on Husband of Divorce at Wifes Separate Domicile
1754
CHAPTER VI
1755
Parties Defendant
1756
Insane Persons
1757
Disqualification of Judge as Related to Party
1758
Intervention of Public Attorney
1759
IROCESS AND SERVICE Page 1520 Service
1760
Service Outside Jurisdiction
1761
Affidavit as Basis of Substituted Service
1762
Injunction Against Interference with Spouse
1763
CHAPTER VIII
1764
Libel Must Allege Jurisdictional Facts
1767
Allegations of Cruelty
1768
Allegations of Desertion
1770
Nothing May be Waived by Pleadings
1771
Answer
1772
Terms Imposed on Defaulting Defendant Before Answer
1773
CrossBills
1774
CHAPTER IX
1775
Right of Each State to Name Causes of Divorce
1777
Certainty in Statute
1778
Statutory Distinction Between Divorce and Separation
1779
CHAPTER X
1780
Impotency
1781
Venereal Disease at Time of Marriage
1782
CHAPTER XI
1784
When Habit Formed
1786
Insanity
1787
Conviction of Crime
1788
Personal Violence
1802
Use of Moderate Force Nccenenry to Dominato Wifc
1803
Physical Injury and Mental Suffering English Views
1805
Necessity of Pliysical Injury Mental Distress American Vicis
1807
FACTS SHOWING INCOMPATIDILITY Page 1578 Incompatibility
1811
Quarrels
1812
Quarrels Over Conveyance of Property
1813
Discourtesy
1814
Threats Reasonable Apprehension of Danger
1816
Profanity
1817
Abusing Child or Others to Annoy Spouse
1818
Drunkenness or Use of Drugs
1819
Wanton Damage to Property of Spouse
1820
CHAPTER XV
1821
Compelling Wife to Submit to Abortion
1822
Permitting Indignities by Others
1823
Charges of Infidelity Made in Court Proceedings
1825
CHAPTER XVI
1826
Turning Spouse Out of House
1827
Loathsome Disease
1828
CHAPTER XVII
1829
Definition
1830
EVIDENCE OF DESERTION Page
1831
Ingredients of the Offence
1832
Distance of Departure
1833
CHAPTER XVIII
1834
Temporary Absence
1835
Time During Which Divorce Suit Pending
1836
Presumption of Continuance of Desertion
1838
Refusal to Renew Relations After Desertion for Statutory Period
1839
Where Wife Leaves Country After Desertion but Before Lapse of Statutory Period
1840
CHAPTER XIX
1841
Consent to Separation
1842
Insisting on Separation Originally by Consent
1843
Subsequent Separation Agreement Avoids Desertion
1846
Duty of Deserting Spouse to Seek Renewal of Cohabitation
1847
Duty of Deserted Spouse to Seek Renewal of Cohabitation
1848
Offer to Return and Refusal
1851
Cruelty or Adultery as Desertion
1852
Abandonment as Ground for Separation
1853
Nonsupport as Reason for Desertion
1854
Support of Deserted Wife
1855
Wifes Refusal to Live With Husbands Parents
1856
Wifes Refusal to Follow Husband in Change of Domicile
1857
Forcing Spouse to Leave
1858
Misconduct Justifying Desertion
1860
Leaving Through Fear of Detection
1861
Judicial Summons to Return
1862
CHAPTER XXI
1863
More Than One Act Necessary
1864
Cold or Unfriendly Conduct
1865
Sodomy Bestiality
1866
Notifying Merchants to Deny Wife Credit
1867
CHAPTER XXII
1868
Violent Temper
1869
Public Defamation
1870
Nonsupport
1871
Living Apart
1872
Absence Unheard of
1873
Joining Shakers
1874
Any Cause Deemed Sufficient
1875
CHAPTER XXIII
1878
Estoppel as Defence
1879
Insanity
1880
Laclics
1881
Provocation
1882
Previous Crimc by Libellant is no Defence
1884
Proceedings for Separation
1885
Effect of Wifes Reputation
1886
CHAPTER XXIV
1887
Condonation is Favored in the Law
1888
Knowledge of Offence 1989
1889
Renewal of Cohabitation
1891
Cohabitation Pending Divorce
1892
Acts Less than Cohabitation
1893
What Acts Covered by Condonation
1894
Wife Unable to Leave at Once
1896
Revival of Repetition of Offence
1897
What Acts Cause Revival
1898
Effect of Revival
1900
CHAPTER XXV
1901
Attempt at Collusion
1902
Agreeing to Divorce
1903
Agreements as to Division of Property
1904
Obtaining Others to Lure Spouse into Adultery
1905
Cruelty Inducing Adultery by Spouse
1906
Catching Spouse by Trap
1907
CHAPTER XXVI
1909
Pleading and Proof of Recrimination
1911
Character of Acts Set Up in Recrimination
1912
Acts Pending Action as Recrimination
1914
Recrimination of Desertion
1915
Recrimination of Adultery
1916
Whether a Condoned Offence Can Be Set Up in Recrimination
1919
CHAPTER XXVII
1921
Agreement or Default
1922
Form of Decree
1923
Extent of Relief
1924
Limited Divorce
1925
Absolute Divorce
1926
Decree Nisi
1927
Setting Aside Decree
1928
Setting Aside Decree Entered Without Jurisdiction or on Default
1929
Setting Aside Decree for Fraud
1931
Setting Aside Decree Collusion
1932
Setting Aside Decree Laches
1933
CHAPTER XXVIII
1934
Items of Costs Allowed
1935
CHAPTER XXIX
1936
Nature of Alimony
1937
Effect of Alimony Making Wife a Dependent
1938
Homestead not Subject to Alimony
1939
Alimony not Barred by Bankruptcy
1940
CHAPTER XXX
1941
Jurisdiction where Plaintiff is not a Resident
1942
Jurisdiction Over Land Outside of Jurisdiction
1943
Personal Service Necessary
1944
CHAPTER XXXI
1945
Incident to Divorce
1946
Necessity of Notice to Husband
1947
Allowance to Husband
1948
Fault of Parties
1949
Needs of Wife
1950
Amount of Award
1952
Effect of Agreement Releasing Marital Obligations
1953
Modification of Order
1954
CHAPTER XXXII
1956
Evidence of Valid Marriage
1957
Discretion of Court
1958
Financial Ability of Parties
1960
Whether Court May Make More than One Award
1961
Items and Amount Services in what Proceedings Included
1962
Allowance to Husband
1963
Order Limits Husbands Liability
1964
Separate Action for Attorneys Fees
1965
CHAPTER XXXIII
1968
Defined
1969
Dependant on Valid Marriage
1970
Effect of Dismissal of Libel
1971
Impotency
1973
Property of Parties
1974
Allowed Only in Divorce Decree
1975
Wife Not Bound where She has No Notice of Divorce
1977
Antenuptial Contract
1980
CHAPTER XXXIV
1981
Agreement of Parties
1982
Award of Lump Sum or Periodical Payments
1983
Award of Specific Property
1984
Property of Parties
1985
Husbands Debts
1986
Husbands Future Income
1987
Wifes Future Expenses
1988
Fact that Wife had Supported Herself During Marriage
1989
CHAPTER XXXV
1990
Award Based on Agreement
1992
Sums Already Due or Gross Sums
1993
Laches Failure to Pay Accrued Alimony
1995
Remarriage
1996
CHAPTER XXXVI
1998
Jurisdiction of Court
1999
Enforcement of Contract to Pay Alimony
2000
Trial by Jury
2001
Wifes Earnings Not a Defence
2002
Dismissal of Divorce Suit as Defence
2003
Enforcement Against Beneficiary Under Spendthrift Trust
2004
Imprisonment for Contempt is Not for a Debt
2005
When Statute Providing for Imprisonment is Ew Post Facto
2006
Conveyance Before Marriage in Fraud of Alimony
2007
Collection of Arrears Laches
2008
Decisions Appealable
2009
Security for Payment
2011
CHAPTER XXXVII
2012
Enforcement of Foreign Judgment for Alimony
2014
Effect of Foreign Decree on Land in State
2016
Service Necessary to Render Valid Decree as to Alimony
2017
Foreign Suit for Maintenance
2018
CHAPTER XXXVIII
2019
When Divorce Denied
2020
Recovery of Dower
2021
Considerations Determining Division
2022
Land in Another State
2023
CHAPTER XXXIX
2025
Power to Award Custody of Children
2026
Power to Award Custody without Service on Parent
2027
Removal of Child from Jurisdiction
2028
Parties to Proceedings for Custody
2029
Order for Custody Made after Decree in Divorce
2031
CHAPTER XL
2033
Welfare of Child the Test
2034
Domicile of Child
2035
Preference to Father
2037
Preference to Parents over Third Parties
2038
Preference of Children
2039
Age and Health of Children
2040
Access to Child by Parent Deprived of Custody
2041
Effect of Foreign Decree
2042
CHAPTER XLI
2044
Power to Change Custody
2045
Proceedings to Modify Custody
2046
Grounds of Modification Welfare of Child
2047
Grounds of Modification Change in Character of Parties
2048
Grounds of Modification Remarriage of Parties
2049
CHAPTER XLII
2050
Support Considered in Awarding Alimony
2051
Against NonResident
2052
Power after Decree in Divorce
2053
Fathers Liability for Necessaries after Divorce
2054
Criminal Liability
2055
Termination of Liability for Support
2057
CHAPTER XLIII
2058
Constitutionality
2059
Prohibition Against Marriage with Accomplice
2060
Effect of Subsequent Cohabitation on Prohibited Second Marriage
2061
Right to Marry After Expiration of Prohibition
2062
Validity of Foreign Prohibited Marriage in Domicile
2064
Prohibited Foreign Marriage as Crime or Contempt
2065
Effect of Vacation of Divorce on Remarriage
2066
CHAPTER XLIV
2067
Effect of Decree of Separation
2068
Status of Divorced Person
2070
Right to Marry in Absence of Prohibition
2071
Title to Property American Doctrine
2072
Tenancy by Entireties
2074
Tenancy by Entireties Conveyance by Husband Limitations
2075
Insurance for Benefit of Wife
2076
Rights of Action with Third Parties
2077
Decree Does not Validate Prior Second Marriage
2078
CHAPTER XLV
2079
Foreign Judgment of Court Having Jurisdiction of Parties
2080
Indian Divorce
2082
History of Views of Supreme Court
2083
Efect of Federal Constitution
2085
Jurisdiction Over Nonresidents in General
2086
Service at Last and Usual Place of Abode
2087
Personal Service Outside State
2089
Matrimonial Domicile What Court May Decide On
2090
Rights of Court of Matrimonial Domicile
2091
The New York Rule
2092
Wifes Independent Domicile
2093
Burden of Proof
2095
Estoppel to Claim that Divorce Illegal
2096
Incorrect Name of Defendant
2097
Void Divorce no Defence to Action for Criminal Conversation
2098
Effect of Reconciliation 2009
2099
CHAPTER XLVI
2100
Moving to Another State to Obtain Divorce
2101
Frandulent Concealment of Pendency of Another Action
2103
FORMS
2105
MARRIAGE
2107
No PAGE
2108
Civil Contract of Marriage
2111
Affidavit for License to Marry
2112
Certificate of Consent
2113
Marriage Certificate
2115
Antenuptial Agreement Providing for Separate Enjoyment of Property after Marriage For Payment of Money to Woman in Case of Death
2116
Antenuptial Agreement Settlement Made in Lieu of Dower etc
2117
Modern English Marriage Settlement
2120
Separation Agreement
2126
Separation Agreement Trustee Named
2127
Postnuptial Agreement for Reconciliation and Maintenance That Husband Refrain from Profanity or Drunkenness Third Party as Mutual Friend
2130
ALIENATION OF AFFECTIONS BREACH OR PROMISE CRIMINAL CONVERSATION AND SEDUCTION 12 Declaration Alienation of Affectio...
2132
Complaint Alienation of Affections
2133
Answer Alienation of Affections
2135
Complaint Breach of Promise
2137
Answer Breach of Promise Defence of Unchastity
2138
Answer Breach of Promise Partial Defence in Mitigation of Dam ages
2139
Complaint Seduction
2140
ANNULMENT OF MARRIAGE 20 Summons Action to Annul Marriage
2141
Statements
2142
Complaint Action to Annul Marriage Because One of Parties Had Not Attained the Age of Consent
2144
Complaint Action to Annul Marriage on Ground that Former Hus band or Wife is Living
2145
Complaint Action to Annul Marriage on Ground of Lunacy
2146
Complaint Action to Annul Marriage for Force or Duress
2147
Defendants Exceptions
2148
Decision after Trial
2149
Interlocutory Judgment after Trial
2150
Notice of Motion for Final Judgment
2151
Affidavit on Application for Final Judgment
2152
Final Judgment
2153
ABSOLUTE DIVORCE 36 Summons
2154
Affidavit as to Military Service
2155
Complaint Action for an Absolute Divorce
2156
Answer Defences of Forgiveness Connivance etc and Counter claim for Adultery
2157
Notice of Appearance by Corespondent
2159
Affidavit for Order Directing Trial of Issues
2160
Proposed Issues of Fact to be Tried by Jury
2161
Order Directing Trial of Issues by Jury
2162
Order of Reference
2163
Interlocutory Judgment on Referees Report
2165
Libel for Divorce Desertion
2167
Libel Cruel and Abusive Treatment and Neglect to Provide
2168
Libel Cruel and Abusive Treatment Prayer for Alimony and At tachment of Property by Trustee Process
2169
Libel Adultery as Ground
2171
Libel Adultery with Persons Unknown Custody of Children
2172
Fixing Alimony Based on Foreign Decree 2016
2228
Murder of Husband 1607
2281
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Page 2209 - ... the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order.
Page 1783 - Upon principle, every statute which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, imposes a new duty, or attaches a new disability, in respect to transactions or considerations already past, must be deemed retrospective.
Page 2205 - The People of the State of New York, To the Sheriff of," etc. (or "to А. В.") "We command you, that you have the body of CD, by you imprisoned and detained, as it is said, together with the time and cause of such imprisonment and detention, by whatsoever name the said CD is called or charged, before ," ("the supreme court, at a special term or term of the appellate division thereof, to be held...
Page 1943 - It is based upon the obligation, growing out of the marriage relation, that the husband must support his wife — an obligation which continues even after a legal separation without her fault.
Page 1813 - ... mind. Petty vexations applied to such a constitution of mind may certainly in time wear out the animal machine, but still they are not cases of legal relief; people must relieve themselves as well as they can by prudent resistance — by calling in the succours of religion and the consolation of friends ; but the aid of Courts is not to be resorted to in such cases with any effect.
Page 2129 - CD, if she had died possessed thereof intestate, and without having been married, such persons, if more than one, to take as tenants in common in the shares in which they would have been entitled under the same statutes.
Page 2159 - To the above named defendant : You are hereby summoned to answer the complaint in this action, and to serve a copy of your answer on the plaintiff's attorney within twenty days after the service of this summons, exclusive of the day of service ; and in case of your failure to appear or answer, judgment will be taken against you by default, for the relief demanded in the complaint.
Page 1812 - What merely wounds the mental feelings is in few cases to be admitted where they are not accompanied with bodily injury, either actual or menaced. Mere austerity of temper, petulance of manners, rudeness of language, a want of civil attention and accommodation, even occasional sallies of passion, if they do not threaten bodily harm, do not amount to legal cruelty...
Page 1805 - The causes must be grave and weighty, and such as show an absolute impossibility that the duties of the married life can be discharged. In a state of personal danger no duties can be discharged, for the duty of self-preservation must take place before the duties of marriage, which are secondary both in commencement and obligation; but what falls short of this is with great caution to be admitted.
Page 2143 - ... that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.

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