New Commentaries on Marriage, Divorce, and Separation as to the Law, Evidence, Pleading, Practice, Forms and the Evidence of Marriage in All Issues on a New System of Legal Exposition, Volume 2

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T. H. Flood, 1891 - Divorce - 1590 pages
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Page 100 - And the said records and judicial proceedings authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken.
Page 246 - In all suits and proceedings, other than proceedings to dissolve any marriage, the said court shall proceed and act and give relief on principles and rules which in the opinion of the said court shall be as nearly as may be conformable to the principles and rules on which the ecclesiastical courts have heretofore acted, В but subject to the provisions herein contained and to the rules and orders under this Act.
Page 521 - ... is, that the circumstances must be such as would lead the guarded discretion of a reasonable and just man to the conclusion; for it is not to lead a rash and intemperate judgment, moving upon appearances that are equally capable of two interpretations. Neither is it to be a matter of artificial reasoning, judging upon such things differently from what would strike the careful and cautious consideration of a discreet man.
Page 521 - 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 171 - Court shall pronounce a decree declaring such marriage to be dissolved; 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...
Page 318 - The parties to any proceeding instituted in consequence of adultery, and the husbands and wives of such parties, shall be competent to give evidence in such proceeding...
Page 291 - Forasmuch as matrimonial causes have been always reckoned and reputed among the weightiest, and therefore require the greater caution, when they come to be handled and debated in judgment, especially in causes wherein matrimony, having been in the church duly solemnized, is required, upon any suggestion or pretext whatsoever, to be dissolved or annulled: we do straitly charge and enjoin, that in all proceedings to divorce, and nullities of matrimony, good circumspection and advice be used, and that...
Page 253 - And that your Petitioner may have such further and other relief in the premises as to your Lordship may seem meet.
Page 136 - I have come to the conclusion that condonation means a 'blotting out of the offence imputed, so as to restore the offending party to the same position he or she occupied before the offence was committed'.
Page 389 - She had a right to appeal to the law for protection, and she must have the means of appealing effectually. She might therefore charge her husband for the necessary expense of this proceeding as much as for necessary food or raiment.

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