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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A. Constable and Company, 1817 - 470 sayfa

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Sayfa 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.
Sayfa 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.
Sayfa 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.
Sayfa 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.
Sayfa 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...
Sayfa 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.
Sayfa 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.
Sayfa 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.
Sayfa 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.
Sayfa 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.

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