Cases On Marriage And Divorce Selected From Decisions of English And American Co
Cases On Marriage And Divorce Selected From Decisions of English And American Co
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A verdict was rendered for defendant, and from a judgment thereon plaintiffs appealed. Judgment for defendant affirmed. Only part of the opinion is given.
38 MARRIAGE (Ch. 1 Other. What was said by the learned judge as to a contract per verba de futuro was obiter. Chancellor Kent also countenances the position of the plaintiff's counsel. He says : 'If the contract be made per verba de prsesenti and remains without cohabitation, or if made per verba de futuro and be followed by consummation, it ...amounts to a valid marriage in the absence of all civil regulations to the contrary. ' 2 Com. (2d Ed. ) 86. Blackstone too says that in cases of cohabitation, contracts per verba de futuro were, before the mar- riage act, deemed valid marriages for many purposes, and the parties might be compelled, in the spiritual courts, to celebrate them in facie ecclesiae. Notwithstanding these respectable opinions, I have not been able to assent to the proposition. With us marriage is simply a civil contract, differing, it is true, from contracts upon other subjects in the circumstance that it is not in the power of the parties to release or dissolve it, but partaking in many other par- ticulars of the nature of common law contracts.
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To quickly assess the difficulty of the text, read a short excerpt:
A verdict was rendered for defendant, and from a judgment thereon plaintiffs appealed. Judgment for defendant affirmed. Only part of the opinion is given.
38 MARRIAGE (Ch. 1 Other. What was said by the learned judge as to a contract per verba de futuro was obiter. Chancellor Kent also countenances the position of the plaintiff's counsel. He says : 'If the contract be made per verba de prsesenti and remains without cohabitation, or if made per verba de futuro and be followed by consummation, it ...amounts to a valid marriage in the absence of all civil regulations to the contrary. ' 2 Com. (2d Ed. ) 86. Blackstone too says that in cases of cohabitation, contracts per verba de futuro were, before the mar- riage act, deemed valid marriages for many purposes, and the parties might be compelled, in the spiritual courts, to celebrate them in facie ecclesiae. Notwithstanding these respectable opinions, I have not been able to assent to the proposition. With us marriage is simply a civil contract, differing, it is true, from contracts upon other subjects in the circumstance that it is not in the power of the parties to release or dissolve it, but partaking in many other par- ticulars of the nature of common law contracts.
What to read after Cases On Marriage And Divorce Selected From Decisions of English And American Co?
You can find similar books in the "Read Also" column, or choose other free books by Chester Garfield Vernier to read onlineMoreLess
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