Notes of Cases in the Ecclesiastical & Maritime Courts Volume 3

Notes of Cases in the Ecclesiastical & Maritime Courts Volume 3

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1845 edition. Excerpt: ...the damages (which were laid at 4)0), and on motion for arrest of judgment, it was contended that he had not given due notice, and the Court held that, as the plaintiff had declared for the nonadministration of the Sacrament on two Sundays, and as he had not proved that, upon the second refusal, he had requested the parson to administer the Sacrament to him, judgment must be arrested. Nov. 21. Notice had been given on the first occasion, but not upon _, the second. litchmarsh v. Chapman. Another case is that of Davis v. Black, which was also an action on the case against a minister for refusing to perform the marriage service between two persons by license, notice having been given him of the license. The jury found a verdict for the plaintiff, and on arrest of judgment, Lord Denman said: "There is no great danger in saying that an action can hardly be maintained against an officer not required by law to perform the duty A any particular time, without allegation of malice, or of the time at which he refused being a reasonable time for the performance. Allowing fully that the action is maintainable on principle, the declaration is essentially defective. Hardly any of the objections can be got over. One is clearly fatal. At the time when the clergyman is supposed to have acted wrongfully, it does not appear that he had notice that both the parties were willing to be married. It is alleged that, at the time of the grievance, they were in fact willing; but it is not averred that the woman joined in the request. This is quite fatal, for you charge the minister with having improperly refused to marry, and yet the whole declaration might be proved, although he had no reason to believe the woman to be willing. It would be going far beyond more

Product details

  • Paperback | 222 pages
  • 189 x 246 x 12mm | 404g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236490703
  • 9781236490704