A treatise on the law of adulterine bastardy, with a report of the Banbury case, and of all other cases bearing upon the subject / By Sir Harris Nicolas.

  • Nicolas, Nicholas Harris, Sir, 1799-1848.
Date:
1836
Catalogue details

Licence: Public Domain Mark

Credit: A treatise on the law of adulterine bastardy, with a report of the Banbury case, and of all other cases bearing upon the subject / By Sir Harris Nicolas. Source: Wellcome Collection.

    609/624 (page 587)
    SADLER, Sm Ralph, his children by a marriage which he had contracted under the supposition that his wife was a widow, her first husband being alive, legitimatized by Act of Parliament, 37 Iien.VilL, 61.—Observations thereon, G3. ST. GEORGE v. ST. MARGARET, 5 Anne, 1706, the first case subse¬ quent to the reign of Hen. IV., wherein evidence was admitted to rebut the presumption of legitimacy when the husband was within the realm, except on the ground of divorce or impotency, 121, 122. —Laid the foundation for the change which took place by explod¬ ing the rule of the quatuor maria, and admitting evidence to prove non-access on the part of the husband notwithstanding he might have been in the realm when his wife became pregnant, 254. ST. ANDREW’S v. ST. BRIDE’S, 3 Geo. I., 1717, case of, 126. 255. SEXUAL INTERCOURSE to be presumed, if there be a possibility of access, 256; v. Access. SHAKESPEARE, extract from, in illustration of the doctrine “ pater est quern nuptiae demonstrant,” as understood in his time, 65. SHARDELOW, J., his dictum against the legitimacy of a child born dur¬ ing the coverture of its mother, in a case wherein “ special matter” was not proved, and observations thereon, 36.—The correctness of his opinion denied, 49. SMYTH v. CHAMBERLAYNE, 1792, case of, 147-155.—Tn this case the possibility of access prevailed against the strongest circum¬ stantial evidence that the husband was not the father of the child, 259. SPECIAL BASTARDY j v. Bastardy. SPECIAL MATTER 3 v. Bastardy. SUCCOTII, Lord, his opinion in the case of Routledge v. Carruthers, 158. SUSSEX, The Countess of, an attempt made anno 1 Maiy to bastardize her children on the ground of adultery, abandoned, 63. “ TERMS OF THE LAW,” extract from, relative to the paternity of chil¬ dren begotten by a first husband and born after a second marriage of the mother, 75, n. THECAR, Case of, 4 Car. I., 29. 74.—Observations thereon, 76. THORPE, C. J., remark made by in 39 Edw. III., that “ there never was any other usage than that bastardy shall be tried by assize, without reference to the Bishop, except now lately,” 41.—Refuses an issue to try the legitimacy of a person who was born of a marriage which was voidable, after the death of the parties, 42.— Refuses an issue to try whether a widow was with child by her husband on the day of his death, 43.—His opinion that the paternity of a child could not be tried before its birth, quoted by Serjeant .Jlolfe in 1 Hen. IV., 52. TINDAL, Mr., (now C. J. C.P.) Observations made by him in the claim to the Barony of Gardner, on a dictum of Thorpe, C. J., in 41 Edw. 111., 44.—His Remarks on a case of Adulterine Bas¬ tardy, 1 Hen. VI., 49. TRAVERSE, Law of, 359. 362, 363, 364. “ TRIAL OF BASTARDY,” extract from, 65. WARRANTY. A lord not bound to warrant to one born out of wedlock, against his brother born in wedlock, 7, 8. WILLOUGHBY, .T., his dictum in favour of the legitimacy of a child born in wedlock, although not begotten by the husband, 35.