Reports of Some Recent Decisions by the Consistorial Court of Scotland [1811-1817]: In Actions of Divorce, Concluding for Dissolution of Marriages Celebrated Under the English Law |
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according action of divorce adultery afterwards alleged appear apply betwixt bill of advocation celebrated circumstances citation civil cohabited collusion Commissaries competent consequence considered Consistorial Court contract Court of Scotland Court of Session crime criminal decision decree of divorce defender defender's deponent dissolution dissolved divorce a vinculo Edinburgh Edmonstone effect England English law English marriage entered Faculty of Advocates foreign law Gretna Green ground guilty held husband and wife indissoluble interlocutor international law Judges judgment judicature judicial juris jurisdiction kingdom land law of England law of Scotland Levett lex domicilii lex loci contractus libel likewise locus locus delicti Lord Ordinary marriage-contract mensa et thoro municipal law opinion pronounced proof pursuer question real domicil redress regard regulated relation remedy remit residence in Scotland respect riage rule Scot Scotch status Superior Court sustain territory Tewsh tion vinculo matrimonii vorce
Popular passages
Page 286 - M., to my wedded husband, to have and to hold from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, to love and to cherish, till death us do part, according to God's holy ordinance; and thereto I give thee my troth.
Page 338 - In most civilized countries, acting under a sense of the force of sacred obligations, it has had the sanctions of religion superadded: it then becomes a religious, as well as a natural, and civil contract ; for it is a great mistake to suppose that, because it is the one, therefore it may not likewise be the other. Heaven itself is made a party to the contract, and the consent of the individuals, pledged to each other, is ratified and consecrated by a vow to God.
Page 285 - The general rule, established ex comitate et jure gentium, is that the place where the contract is made, and not where the action is brought, is to be considered in expounding and enforcing the contract. But this rule admits of an exception, when the parties (at the time of making the contract) had a view to a different kingdom.
Page 395 - ... of parties, but are, to a certain extent, matters of municipal regulation, over which the parties have no control by any declaration of their will ; it confers the status of legitimacy on children born in wedlock, with all the consequential rights, duties, and privileges thence arising ; it gives rise to the relations of consanguinity and affinity ; in short, it pervades the whole system of civil society.
Page 180 - ... and therefore, in the beginning of the reign of Queen Elizabeth, the opinion of the Church of England was, that after a divorce for adultery the parties might marry again ; but in...
Page 397 - Justice Story's Conflict of Laws, where, citing the judgment of Lord Robertson, a Scotch Judge, he says : "Marriage is a contract sui generis; and the rights, duties, and obligations which arise out of it are matters of so much importance to the wellbeing of the state, that they are regulated not by the private contract, but by the public laws of the state, which are imperative on all who are domiciled within its territory.
Page 309 - But the only principle applicable to such a case by the law of England, is, that the validity of Miss Gordon's marriage rights must be tried by reference to the law of the country, where, if they exist at all, they had their origin. Having furnished this principle, the law of England withdraws altogether, and leaves the legal question to the exclusive judgment of the law of Scotland.
Page 58 - ... and child, master and servant, among foreigners in this country, Scotland could not be deemed a civilized country, as thereby it would permit a numerous description of persons to traverse it, and violate, with utter impunity, all the obligations on which the principal comforts of domestic life depend.
Page 58 - The defence of one's self, or the mutual and reciprocal defence of such as stand in the relations of husband and wife, parent and child, master and servant.
Page 323 - ... of what it is proper or improper for her to do: and of course it rests solely with her to examine and determine whether she can perform any office for another nation without neglecting the duty which she owes to herself. In all cases, therefore, in which a nation has the right of judging what her duty requires, no other nation can compel her to act in such or such particular manner: for any attempt at such compulsion would be an infringement on the liberty of nations.