A Handy Book on the New Law of Divorce & Matrimonial Causes ...Davis & Son, 1860 - 117 pages |
From inside the book
Page 18
... direct proof.1 But neither coarse nor brutal behaviour , obscene and disgusting language , and entire disregard of decorum on the part of a husband , either to or in the presence of his wife , will alone constitute connivance . Such ...
... direct proof.1 But neither coarse nor brutal behaviour , obscene and disgusting language , and entire disregard of decorum on the part of a husband , either to or in the presence of his wife , will alone constitute connivance . Such ...
Page 39
... direct it to be done.3 5. The main object of bringing the adulterer in the former case before the Court , is that he may be mulcted in costs , and in damages for his delinquency , if damages are claimed . The absence , in most cases ...
... direct it to be done.3 5. The main object of bringing the adulterer in the former case before the Court , is that he may be mulcted in costs , and in damages for his delinquency , if damages are claimed . The absence , in most cases ...
Page 41
... direct that the truth of any question of fact arising on the proceedings be tried by a jury . And if neither party claim the right , the Judge himself shall determine whether the same shall be tried by a jury or before the Court itself ...
... direct that the truth of any question of fact arising on the proceedings be tried by a jury . And if neither party claim the right , the Judge himself shall determine whether the same shall be tried by a jury or before the Court itself ...
Page 42
... direct evidence of adultery is not required ; as , if it were , relief would be often wholly impossible . In almost every case the fact is to be inferred from circumstances that lead to it , by fair in- ference , as a necessary ...
... direct evidence of adultery is not required ; as , if it were , relief would be often wholly impossible . In almost every case the fact is to be inferred from circumstances that lead to it , by fair in- ference , as a necessary ...
Page 44
... direct or indirect , to support them . Not but that some evi- dence by way of corroboration was offered , but it was not only inconclusive but so untrustworthy in its character that the Court was under the necessity of discarding it ...
... direct or indirect , to support them . Not but that some evi- dence by way of corroboration was offered , but it was not only inconclusive but so untrustworthy in its character that the Court was under the necessity of discarding it ...
Other editions - View all
A Handy Book On the New Law of Divorce and Matrimonial Causes: With the Acts ... James Peter Byrne No preview available - 2023 |
A Handy Book on the New Law of Divorce and Matrimonial Causes: With the Acts ... James Peter Byrne No preview available - 2015 |
A Handy Book On the New Law of Divorce and Matrimonial Causes: With the Acts ... James Peter Byrne No preview available - 2018 |
Common terms and phrases
act of adultery admissions affidavit aforesaid alimony alleged answer appear application attorney circumstances citation co-respondent cohabitation collusion committed adultery condonation connivance consent contract copy Court for Divorce Court of Chancery Court of Probate declarations defence defined and explained desertion diem dissolved divorce a mensa Divorce and Matrimonial Ecclesiastical Court England entitled evidence fact filed folio of seventy-two forgiveness Gretna Green ground Hagg House of Lords husband injury Ireland Jactitation Judge Judge-Ordinary judicial separation jury Keats Lord Chancellor Lord Stowell Macq Majesty's Court married Matrimonial Causes mensa et thoro misconduct nature necessary obtained offence Ordinary Parliament person petition petitioner præcipe proceed proceedings proctor proof reasonable reference registrar registry remedy respondent Rules Scotland seventy-two words solemn solicitor statute subpoena subpoena duces tecum suit summons thereof tion trial twentieth and twenty-first twenty-first Victoria unreasonable delay wife wife's wilful neglect witnesses
Popular passages
Page 66 - Court may from time to time, before making its final decree, make such interim orders, and may make such provision 1n the final decree, as it may deem just and proper with respect to the custody, maintenance, and education of the children...
Page 65 - Provided always, that the court shall not be bound to pronounce such decree 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,...
Page 88 - ... is hereby required, within forty-eight hours from the last-mentioned hour, to admit that such of the said documents as are specified to be originals were respectively written, signed, or executed, as they purport respectively to have been...
Page 8 - ... 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 [respondent's] adultery".
Page 64 - In every case of a judicial separation the wife shall from the date of the sentence, and whilst the separation shall continue, be considered as a feme sole with respect to property of every description which she may acquire, or which may come to or devolve upon her...
Page 34 - The only general rule that can be laid down upon the subject is, that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion...
Page 15 - I, even I, am he that blotteth out thy transgressions for mine own sake, and will not remember thy sins.
Page 78 - Ireland, or the Channel Islands, or in any colony, island, plantation or place under the dominion of Her Majesty in foreign parts, before any Judge, Court, Notary Public or person lawfully authorised to administer oaths...
Page 82 - ... the cause or matter may be, unless at the trial or hearing the court or a 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 where the omission to give the notice is, in the opinion of the taxing officer, a saving of expense.
Page 83 - No affidavit shall be read or made use of in any matter depending in Court in the jurat of which there shall be any interlineation or erasure.