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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Family - From: 1800 To: 1849

This page lists 23 cases, and was prepared on 02 April 2018.

 
Crewe v Crewe [1800] EngR 4; (1800) 3 Hag Ecc 123; (1800) 162 ER 1102
1800


Family
On a suggestion that a charge of collusion and connivance, raised in argument on his own evidence, was a surprise on the husband, there being no counter plea or interrogatories, the Court refused to rescind the conclusion in order that letters might be pleaded, holding that the husband was bound to guard himself originally against such suggestions. A constant intercourse, continued for four years, between a wife and her paramour, not clandestine, but the common subject of conversation among servants and friends, raises a grave suspicion of the husband's knowledge and acquiescence.
[ Commonlii ]
 
Turner v Meyers (falsely calling herself Turner) [1808] EngR 163; (1808) 1 Hag Con 414; (1808) 161 ER 600
6 May 1808

Sir William Scott
Family
Sir William referred to the view of "the mysterious nature of the contract of marriage, in which its spiritual nature almost entirely obliterated its civil character" as a notion that prevailed in the dark ages: "In more modern times it has been considered, in its proper light, as a civil contract, as well as a religious vow".
1 Citers

[ Commonlii ]

 
 Ewing, Falsely Called Wheatley v Wheatley; 6-May-1814 - [1814] EngR 357; (1814) 2 Hag Con 175; (1814) 161 ER 706
 
Kirk v Guthrie [1817] ScotJCR 1_Murray_271; (1817) 1 Murray 271
15 Dec 1817
SJC

Scotland, Family, Defamation
Damages for adultery - This was an action of damages for adultery with the pursuer's wife, for assault and battery, and for writing a defamatory letter to his commanding officer.
[ Bailii ]

 
 Sullivan v Sullivan, Falsely Called Oldacre; 11-Jun-1818 - [1818] EngR 533; (1818) 2 Hag Con 238; (1818) 161 ER 728
 
Hookham v Chambers [1821] EngR 600; (1821) 3 Br & B 92; (1821) 129 ER 1217
14 Nov 1821


Family

[ Commonlii ]
 
Harrison v Doctor Burwell [1823] EngR 94; (1823) Vaugh 206; (1823) 124 ER 1039
1823


Family
In a Prohibition, for his Marriage with Jane, the Relict of Bartholomew Abbot, his Great Uncle.
[ Commonlii ]
 
Goldsmid, and Others v Goldsmid, Brown, Ebason, and Others [1823] EngR 823; (1823) Turn & R 445; (1823) 37 ER 1172
12 Dec 1823


Wills and Probate, Family

[ Commonlii ]
 
Turton v Turton [1830] EngR 255; (1830) 3 Hag Ecc 338; (1830) 162 ER 1178
1830


Family

[ Commonlii ]
 
Conway otherwise Beazley v Beazley [1831] EngR 38; (1831) 3 Hag Ecc 639; (1831) 162 ER 1292
1831


Family

[ Commonlii ]
 
The King v The Inhabitants Of Stockton [1833] EngR 821; (1833) 5 B & Ad 546; (1833) 110 ER 892
9 Nov 1833


Health, Family
Two justices ordered F. C., the wife of It. C., a Scotchman, having no settlement in England, and a lunatic, to be removed from parish A., where she had become chargeable, to parish B., whioh was adjudged to be her lawful settlement. The order did not state where the husband was when it was made: Held, that the order was not void on the ground that it would effect the separation of husband and wife, because it was not to be presumed that when it was made, the husband was residing in parish A., or was not residing in parish B.
[ Commonlii ]
 
Doe on the Demise of John Birtwhistle v Agnes Vardill [1835] EngR 75; (1835) 2 Cl & Fin 571; (1835) 6 ER 1270
1835
KBD

Wills and Probate, Land, Family
Quaere, whether a child, born in Scotland, of parents domiciled there, who at the time of his birth were not married, but who afterwards intermarried in Scotland, (neither having in the meantime married any other person,) can take as heir lands of his father in England.
[ Commonlii ]
 
Jones v Morgan [1837] EngR 407; (1836-1837) 2 Y & C Ex 403; (1837) 160 ER 453
19 Jan 1837


Trusts, Family

[ Commonlii ]
 
Thomas Moulden Sherwood v Robert Ray [1837] EngR 1169; (1837) 1 Moo PC 353; (1837) 12 ER 848
28 Dec 1837
PC

Family
Whether marriages within degrees of affinity were automatically anulled on later prohibition.
[ Commonlii ]
 
In The Matter Of The 4 G 4, C 76 Ex Parte I C, An Infant [1838] EngR 651; (1838) 3 My & Cr 471; (1838) 40 ER 1008
24 May 1838


Family
The provision in the nineteenth section of the Marriage Act (4 G 4 c 76) does not apply to the case of a father who is beyond the seas, or unreasonably withholds his consent, but only to a case in which he is non compos mentis.
[ Commonlii ]
 
Turner v Rookes [1839] EngR 633; (1839) 10 Ad & E 47; (1839) 113 ER 18
26 Apr 1839


Family
If a husband, living separate from his wife, and allowing her a maintenance, uses such violence towards her that she is obliged to exhibit articles of the peace against him, she may employ an attorney for that purpose at his expense. And if such attorney sues the husband for his costs, the Court will not enquire whether or not the wife could have paid them out of the maintenance, without resorting to the husband.
[ Commonlii ]
 
Malone of Rathcaslin In The County Of Westmeath v Malone Of Coburg Place In The City Of Dublin, O'Connor, Tuite, Ardill, O'Connor, Thomas Richard Rooper, John Conroy Browne, L'Estrange, L'Estrange, [1841] EngR 890; (1841) West 637; (1841) 9 ER 627
27 Jun 1841


Family, Wills and Probate
JM brought his bill against an infant and several other defendants, claiming, as against them, certain estates, upon two points, one of law, upon the construction of Lord Sunderlin’s will, the other of fact, that he was the heir male of Lord Sunderlin, charging by his bill that the marriage between his father and mother took place in or about the month of January 1801. With the consent of all parties, one of them being an infant, an issue was directed to inquire whether the plaintiff was the heir at law of his father; and the plaintiff, by the evidence of his mother, proved that the marriage took place in January 1801, and that her son Anthony was born in July of the same year (which would have negatived the claim of the plaintiff, by proving that he had an elder brother); but she swore that Anthony was the last child born before and the plaintiff the eldest son born after her marriage. The infant, having afterwards attained twenty one, was permitted to put in a new answer, and make a new defence ; and it was afterwards ordered that a new trial of the issue should take place, with liberty for him and other defendants to appear by counsel on the trial, and to give the judges report in evidence in respect of those witnesses who, having given evidence in the first trial, bud died. Held, that though it is a matter of discretion in a court of equity whether it will first decide the law or the fact, that the Court had, in the present instance, exercised a sound discretion in adopting the latter mode, inasmuch as all but one had concurred in that course, and a different course as to one might have led to different deterniinations upon the same point: That the issue directing the jury to inquire whether the plaintff was the heir at law was the proper issue to be tried: That though the date of the marriage proved was at variance with that alleged on the record, the Court was right in not dismissing the bill, but granting a new trial, on the ground of their being a misapprehension of the date or the facts: That the infant, though strictly speaking not a party to the issue, being permitted to make a new defence, was bound by the issue: That the judges report was properly directed to be received in evidence, being evidence between the same parties and to the same point.
[ Commonlii ]
 
Leake v The Marquis of Westmeath [1841] EngR 1239; (1841) 2 M & Rob 394; (1841) 174 ER 328 (B)
20 Dec 1841


Ecclesiastical, Family
A decree of the Court of Arches for alimony is not admissible in evidence without proof of the proceedings in the suit. Where a suit is removed by appeal from the Consistory Court to the Court of Arches, the judgment of the Court of Arches is not admissible in evidence without shewing that Court to be duly in possemion of such suit by producing the process of appeal, viz the transcript of the proceedings sent from the Court below.
[ Commonlii ]
 
Cocksedge v Cocksedge [1844] EngR 807; (1844) 14 Sim 244; (1844) 60 ER 351; 13 LJ Ch 384
25 Jul 1844


Family
A covenant before marriage that, in case of any separation taking place between the husband and wife, the husband shall make a certain provision for his wife, is void.
1 Citers

[ Commonlii ]
 
Khajah Hidayut Oollah v Rai Jan Khanum [1844] EngR 833; (1844) 3 Moo Ind App 295; (1844) 18 ER 510
1 Aug 1844


Ecclesiastical, Family, Commonwealth
By the Mahomedan law, continual cohabitation and acknowledgment of parentage is presumptive evidence of marriage and legitimacy.
[ Commonlii ]
 
D-E v A-G, Falsely Calling Herself D-E [1845] EngR 821; (1845) 1 Rob Ecc 279; (1845) 163 ER 1039
16 May 1845


Family
Sentence of nullity of marriage pronounced by reason of a natural, incurable malformation of the sexual organs of the female those organs admitting of a partial connexion only with the male.
[ Commonlii ]
 
Cocksedge v Cocksedge [1845] EngR 1093; (1845) 5 Hare 397; (1845) 67 ER 966
3 Jul 1845


Family
The court considered whether an ante-nuptial contract, whereby the intended husband agreed to secure to the intended wife an annuity for her separate maintenance in the event of his death, or any separation taking place between them during their lives, is void and, if not, whether such contract is valid so far as it is intended to secure an annuity to the wife in, case of a separation or divorce for any cause; or whether it is valid to the extent of securing the annuity to the wife in case of desertion by the husband, or divorce without misconduct on tht part of the wife ; or whether it is valid only to the extent of securing the annuity to the wife in the event of her surviving the husband.
1 Cites

[ Commonlii ]
 
Godfrey v Hughes [1847] EngR 757; (1847) 1 Rob Ecc 593; (1847) 163 ER 1147
23 Jul 1847


Wills and Probate, Family

[ Commonlii ]
 
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