Results: 46

• Fribance v Fribance

  30 Nov 1955 [1956] P 99, PDA

  HUSBAND AND WIFE — Property — Proceedings under Married Women's Property Act, 1882, s. 17
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  Case index catchwords

  HUSBAND AND WIFE — Property — Proceedings under Married Women's Property Act, 1882, s. 17 — Jurisdiction — Summons in respect of property issued — Decree absolute before hearing — Jurisdiction of court notwithstanding — Married Women's Property Act, 1882 (45 & 46 Vict. c. 75), s. 17.

  1 Statute considered
• Waters v Waters

  [1956] 2 WLR 661, PDA

  31 May 1967 [1968] P 401; [1968] 2 WLR 987; [1968] 1 All ER 417, DC

  Subsequent considerations : 2 positive; 1 negative. Subsequent citations: 1.
  HUSBAND AND WIFE — Cruelty — Intention to injure

  HUSBAND AND WIFE — Desertion — Constructive desertion

  HUSBAND AND WIFE — Cruelty — Separation, after
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  HUSBAND AND WIFE — Cruelty — Intention to injure — Boorishness, uncleanliness and taciturnity — Intention of being cruel or of driving spouse away — Presumption of intention.

  HUSBAND AND WIFE — Desertion — Constructive desertion — Inference from conduct — Boorishness.

  HUSBAND AND WIFE — Cruelty — Separation, after — “Subsistence” of marriage — Assaults on wife after her withdrawal from cohabitation — “Causes of complaint arising during the subsistence of the marriage” — Whether wife entitled to matrimonial order — Matrimonial Proceedings (Magistrates' Courts) Act, 1960, s 1 (1)

  2 Case(s) considered

  2 Words & Phrases considered

  1 Statute considered

• Mosey v Mosey And Barker

  29 Apr 1955 [1956] P 26, PDA

  Subsequent citations: 3.
  HUSBAND AND WIFE — Maintenance — High Court

  HUSBAND AND WIFE — Death.
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  HUSBAND AND WIFE — Maintenance — High Court — Divorce — Death of husband — Order for secured provision for wife and child — Death of husband before real property agreed — Order enforceable against executor — Executor not entitled to vary — Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41), s. 1 (1). — Matrimonial Causes Act, 1950 (14 Geo. 6, c. 25), ss. 19, 26, 28.

  HUSBAND AND WIFE — Death.

  1 Statute considered

• Waller v Waller

  26 Mar 1956 [1956] P 300, CA

  HUSBAND AND WIFE — Alimony pendente lite — Adultery admitted by wife
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  HUSBAND AND WIFE — Alimony pendente lite — Adultery admitted by wife — Condonation and conduct conducing alleged and denied — Jurisdiction of court to award alimony — Matters to be taken into account — Judicial separation — Matrimonial Causes Act, 1950 (14 Geo. 6, c. 25), s. 20 (1).

  1 Statute considered

• Jefferson v Jefferson

  30 Nov 1955 [1956] P 136, CA

  Subsequent citations: 1.
  HUSBAND AND WIFE — Maintenance — High Court

  REVENUE — Income tax — “Free of tax” payments. “Free of tax.”
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  Case index catchwords

  HUSBAND AND WIFE — Maintenance — High Court — Order — “£52 per annum free of tax” — Small maintenance payment — Effect of order — Income Tax Act, 1952 (15 & 16 Geo. 5 & 1 Eliz. 2, c. 10), ss. 205, 206.

  REVENUE — Income tax — “Free of tax” payments. “Free of tax.”

  1 Statute considered

• Chard v Chard (orse Northcott), Hoye, Winstanley, Lord and Norris Tickner Intervening

  18 Nov 1955 [1956] P 259; [1955] 3 WLR 954, PDA

  Subsequent citations: 2.
  HUSBAND AND WIFE — Marriage — Validity

  PRESUMPTION — Rebuttable — Death.
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  Case index catchwords

  HUSBAND AND WIFE — Marriage — Validity — Second marriage — Former wife not heard of for sixteen years — Presumptions of continuance of life and of death — Both presumptions of fact.

  PRESUMPTION — Rebuttable — Death.
• Ramsay-Fairfax (orse Scott-Gibson) v Ramsay-Fairfax

  07 Jun 1955 [1956] P 115; [1955] 3 WLR 188, PDA

  15 Nov 1955 [1956] P 115; [1955] 3 WLR 849, CA

  Subsequent considerations : 2 positive; 1 neutral. Subsequent citations: 3.
  HUSBAND AND WIFE — Nullity — Jurisdiction
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  Case index catchwords

  HUSBAND AND WIFE — Nullity — Jurisdiction — Residence — Voidable marriage — Parties resident in England — No English domicile — Jurisdiction of English courts to annul void or voidable marriage where parties resident in jurisdiction — Matrimonial Causes Act, 1857 (20 & 21 Vict. c. 85), s. 22 — Supreme Court of Judicature (Consolidation) Act, 1925 (15 & 16 Geo. 5, c. 49), ss. 21, 32.

  2 Statutes considered
• Forbes v Forbes

  01 Nov 1954 [1954] 1 WLR 1526, PDA

  04 Apr 1955 [1955] 1 WLR 531, PDA

  04 Apr 1955 [1956] P 16, PDA

  Subsequent considerations : 2 positive; 1 neutral.
  HUSBAND AND WIFE — Divorce — Desertion

  HUSBAND AND WIFE — Divorce — Cruelty
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Desertion — Constructive desertion — Reasonable belief in adulterous association — Adultery not alleged in petition.

  HUSBAND AND WIFE — Divorce — Cruelty — Contraceptives — Wife's deliberate refusal to have children — Insistence on contraception — Knowledge of injurious effect on husband — No fear of childbirth.

  2 Case(s) considered

• Davies v Davies (No 1)

  09 Nov 1955 [1956] P 212; [1955] 3 WLR 840, PDA

  HUSBAND AND WIFE — Divorce — Practice
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  Case index catchwords

  HUSBAND AND WIFE — Divorce — Practice — Rescission and substitution of decree — Application to rescind decree nisi and substitute decree of judicial separation — Discretionary power of substitution.

• In The Estate of Powe, Decd; Powe v Barclays Bank Ltd (Powe Cited)

  18 Oct 1955 [1956] P 110; [1955] 3 WLR 767, PDA

  EVIDENCE — Evidence Act, 1938 — Admissibility
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  Case index catchwords

  EVIDENCE — Evidence Act, 1938 — Admissibility — Document — Document dictated to solicitor's typist and amended personally — “Person interested” — Note as to matters relevant to execution of will — Solicitor then acting for executor — Solicitor responsible for preparation and execution of will — Possible reflection on reputation in event of contest — Not a “person interested” — Evidence Act, 1938 (1 & 2 Geo. 6, c. 28), s. 1 (3) (4).

  1 Statute considered