Reports of Cases Decided in the Court of Probate And in the Court for Divorce And Matrimonial Causes. [1858-1865]

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(Linff v. Linff and Croker, 1 Swab. & Tris. 187.) Lord Campbell : I am clearly of opinion that we are bound to say the costs of the proceedings in this Court should be paid by Robinson. Ling v. lAng and Croker is no precedent in this case. We do not now intend to lay down any inflexible rule upon this point ; generally costs of these proceedings should be paid by the adulterer, but there may be in some cases peculiar circumstances to induce the Court, 330 CASES IN THE COUET FOR DIVORCE 1859. in... the exercise of its discretion, to order otherwise. The January 8 and present Case, however, seems to be one of great aggravation, ■ holding definitely, as we are bound to do, that Mr. Robinson Evans committed adultery with Mrs. Evans.
V.
Evans and Robinson. Martin, B. : I am of the same opinion. This is not an application for a penalty, but merely to indemnify Mr. Evans for the costs he has been put to by these proceedings, and I think he is entitled to be indemnified as far as it is in our power.


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