Commentaries on the Law of Marriage and Divorce: With the Evidence, Practice, Pleading, and Forms: Also of Separations Without Divorce, and of the Evidence of Marriage in All Issues, Volume 2

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Little, Brown,, 1881 - Divorce
 

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Page 656 - Marriage shall be declared to be dissolved, but not sooner, it shall be lawful for the respective Parties thereto to marry again, as if the prior Marriage had been dissolved by Death...
Page 180 - 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 403 - The court may, if it thinks fit, on any decree for divorce or nullity of marriage, order that the husband shall, to the satisfaction of the court...
Page 335 - In every suit brought, either for a divorce, or for a separation, the court may, in its discretion, require the husband to pay any sum necessary to enable the wife to carry on or defend the suit during its pendency ; and it may decree costs against either party, and award execution for the same ; or it may direct such costs to be paid out of any property sequestered, or in the power of the court, or in the hands of a receiver.
Page 518 - 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 244 - 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 : Provided that no-witness in any proceeding, whether a party to the suit or not, shall be liable to be asked, or bound to answer any question tending to show that he or she has been guilty of adultery, unless such witness shall have already given evidence in the same proceeding in disproof of his or her alleged adultery...
Page 69 - In case the Court shall be satisfied on the evidence that the case of the petitioner has been proved...
Page 545 - ... shall be as nearly as may be conformable to the principles and rules on which the ecclesiastical courts have heretofore acted and given relief, but subject to the provisions herein contained and to the rules and orders under this act.
Page 643 - Whether a sentence of the spiritual court against a marriage in a suit for jactitation of marriage, is conclusive evidence, so as to stop the counsel for the crown from proving the said marriage in an indictment for polygamy ? 2.
Page 29 - 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'.

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