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Commentaries on the Law of Marriage and Divorce, and Evidence in Matrimonial ...
Joel Prentiss Bishop
No preview available - 2015
adultery alimony alleged appears apply authority Barb bed and board bond of matrimony canon law cause Chancellor choses in action circumstances cited civil Clark cohabitation common law condonation consent considered constitute contract copula courts of equity coverture cruelty Curt Dalrymple decision decree defendant desertion dissolved divorce from bed doctrine domicil Eccl ecclesiastical courts ecclesiastical law English entitled equity evidence fact Ferg Fras fraud granted Greenl ground Hagg held husband and wife impotence intended jactitation judge judgment judicial jurisdiction law of England legislative legislature lex loci contractus libel Lord Stowell Lushington marry Mass matter nature nullity observed offence opinion Paige parties person Phill plaintiff principle proceeding proof proved question reason relation render riage rule Scotch Scotland second marriage sentence separation Smith statute sufficient supra tion tribunals valid void voidable voidable marriages wife's woman
Page 161 - Provided always, that nothing herein contained shall extend to any second marriage contracted out of England by any other than a subject of his majesty, or to any person marrying a second time, whose husband or wife shall have been continually absent from such person for the space of seven years then last past, and shall not have been known by such person to be living within that time...
Page 640 - Every statute, it has been said, which takes away or impairs vested rights acquired under existing laws, or creates a new obligation, or imposes a new duty, or attaches a new disability in respect of transactions or considerations already past, must be presumed, out of respect to the Legislature, to be intended not to have a retrospective operation.
Page 364 - Under such misconduct of either of the parties, for it may exist on one side as well as on the other, the suffering party must bear in some degree the consequences of an injudicious connection ; must subdue by decent resistance or by prudent conciliation ; and if this cannot be done, both must suffer in silence.
Page 214 - But I say unto you, That whosoever shall put away his wife, saving for the cause of fornication, causeth her to commit adultery : and whosoever shall marry her that is divoreed committeth adultery.
Page 363 - 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...
Page 16 - The common law includes those principles, usages and rules of action applicable to the government and security of person and property which do not rest for their authority upon any express and positive declaration of the will of the legislature.
Page 365 - ... the hurt is actually done ; but the apprehension must be reasonable : it must not be an apprehension arising merely from an exquisite and diseased sensibility of 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...
Page 435 - Court, at any term, in the county of the residence of either party to the application, " whenever, in the exercise of a sound discretion, he deems it reasonable and proper, conducive to domestic harmony, and consistent with the peace and morality of society — if the parties were married in this State, or cohabited here after marriage.
Page 295 - The plainer reason and the good sense of the implied condition is, that " you shall not only abstain from adultery, but shall in future treat me — in every respect treat me (to use the words of the law) ' with conjugal kindness' — on this condition I will overlook the past injuries you have done me.
Page 107 - Petersburg does not look to the ritual of the Greek Church, but to the rubric of the Church of England, when he contracts a marriage with an English woman. Nobody can suppose, that, whilst the Mogul empire existed, an Englishman was bound to consult the Koran for the celebration of his marriage.