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according adultery alimony alleged allowed Ante appear apply authority canon cause circumstances cited civil cohabitation committed common law condonation conduct consent consequence consideration considered constitute continued contract court cruelty decided decision decree defendant divorce doctrine domicil doubt duty ecclesiastical ecclesiastical courts effect England English entered entitled established evidence exist express fact former Fras fraud give granted ground Hagg held husband impotence intent Johns judge judicial jurisdiction living Lord marriage marry Mass matrimonial matter means nature necessary nullity observed obtained offence opinion Paige parties person Phill plaintiff practice present principle proceeding proof proved question reason reference refused relation render respect riage rule says seems sentence separation Smith statute subsequent sufficient suit supra taken tion valid void wife woman
Página 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...
Página 630 - 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.
Página 362 - 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.
Página 212 - 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.
Página 361 - 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...
Página 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.
Página 363 - ... 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...
Página 433 - 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.
Página 293 - 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.
Página 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.