A Handy Book on the New Law of Divorce & Matrimonial Causes ...Davis & Son, 1860 - 117 pages |
From inside the book
Page 23
... Judge's definition of condonation to be correct , in coming to the conclusion that the adultery had not been condoned . The Lord Chancellor said the question of condonation was one of very great and general importance , and the Court ...
... Judge's definition of condonation to be correct , in coming to the conclusion that the adultery had not been condoned . The Lord Chancellor said the question of condonation was one of very great and general importance , and the Court ...
Page 24
... Judge's proposition ex- plained and restricted the first part by adding that it must be such a blotting out as restored the wife to her former position . That was contended to be incorrect , because it excluded condonation by words only ...
... Judge's proposition ex- plained and restricted the first part by adding that it must be such a blotting out as restored the wife to her former position . That was contended to be incorrect , because it excluded condonation by words only ...
Page 25
... Judge . Ordinary as to the restoration of the wife to her original position did not mean that cohabitation was to be renewed with all the circumstances that had surrounded her former life . She might live with her husband again as a ...
... Judge . Ordinary as to the restoration of the wife to her original position did not mean that cohabitation was to be renewed with all the circumstances that had surrounded her former life . She might live with her husband again as a ...
Page 28
... Judge , in delivering judgment , refers to the acquired feelings and tastes incident to high rank- the delicacy of a wife brought up so tenderly - herself of noble birth - her consequent unfitness to sustain such usage ; and withal the ...
... Judge , in delivering judgment , refers to the acquired feelings and tastes incident to high rank- the delicacy of a wife brought up so tenderly - herself of noble birth - her consequent unfitness to sustain such usage ; and withal the ...
Page 31
... Judges of the new court , in de- ciding what delay is , and what delay is not , unreason- able . Should unreasonable delay exist , and be established by way of defence , " the Court shall not be bound to grant " divorce.6 Having set out ...
... Judges of the new court , in de- ciding what delay is , and what delay is not , unreason- able . Should unreasonable delay exist , and be established by way of defence , " the Court shall not be bound to grant " divorce.6 Having set out ...
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.