The law of marriage and divorceM. Bender, incorporated, 1921 - 3038 pages |
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Page 1348
... appears to me something more than a mere contract . It is rather to be deemed an institution of society founded upon the consent and contract of the parties ; and in this view it has some peculiarities in its nature , character ...
... appears to me something more than a mere contract . It is rather to be deemed an institution of society founded upon the consent and contract of the parties ; and in this view it has some peculiarities in its nature , character ...
Page 1363
... appear to constitute an impediment to marriage at the common law , nor is any such impediment now recognized in England.1 § 1094. Slaves . 62 63 Slaves were incapable of marriage as of entering into other contracts , although such a ...
... appear to constitute an impediment to marriage at the common law , nor is any such impediment now recognized in England.1 § 1094. Slaves . 62 63 Slaves were incapable of marriage as of entering into other contracts , although such a ...
Page 1369
... appear , 90 but mental weakness or unsoundness not sufficient to invalidate a contract will not avoid a marriage . 91 § 1101. Weakness of Mind . Mere weakness of mind not amounting to insanity is not a ground for annulling a marriage ...
... appear , 90 but mental weakness or unsoundness not sufficient to invalidate a contract will not avoid a marriage . 91 § 1101. Weakness of Mind . Mere weakness of mind not amounting to insanity is not a ground for annulling a marriage ...
Page 1373
... appear , if the party intoxicated retains sufficient reason to know what he is doing . Drunkenness was formerly held a bad plea ; for the common law permitted no one to stultify him- self ; but the modern rule is more reasonable . Some ...
... appear , if the party intoxicated retains sufficient reason to know what he is doing . Drunkenness was formerly held a bad plea ; for the common law permitted no one to stultify him- self ; but the modern rule is more reasonable . Some ...
Page 1377
... appear to be on the increase in Great Britian . 25. See post , §§ 1611 , 1636 ; Cowles v . Cowles , 112 Mass . 298 . 26. S- v . A , 3 P. D. 72 . 27. H- v . P , L. R. 3 P. & D. 126. See Sv . S- 192 Mass . 194 , where the wife was made ...
... appear to be on the increase in Great Britian . 25. See post , §§ 1611 , 1636 ; Cowles v . Cowles , 112 Mass . 298 . 26. S- v . A , 3 P. D. 72 . 27. H- v . P , L. R. 3 P. & D. 126. See Sv . S- 192 Mass . 194 , where the wife was made ...
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Common terms and phrases
action adultery age of consent agreement alimony annulment bigamy Bish breach of promise Brown cause celebrated ceremony civil cohabitation common-law marriage court coverture cruelty curtesy death declared decree deed defendant disqualification divorce domicile dower duress England English Estate Estoppel evidence fact favor fraud Goset ground guardian held husband and wife illicit impediment impotence incapacity induced informal marriage insanity intercourse invalid Johnson jurisdiction Kent land Law Rep legislative license live Lord Lord Penzance marriage contract marriage void Mass matrimonial ment mental Minn Misc N. J. Eq nullity Ohio Okla parties persons plaintiff presumption prior marriage prohibited reasonable relation render riage rule second marriage seisin separation sexual intercourse Smith solemnized spouse statute statutory suit Super Taylor Tenn tion valid marriage voidable marriage Wash widow wife's woman
Popular passages
Page 2207 - ... 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 1781 - 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 2203 - 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 1941 - 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 1811 - ... 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 2127 - 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 2157 - 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 1810 - 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 1803 - 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 2141 - ... 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.