The Australian Law Times

Excerpt from The Australian Law Times, Vol. 11: From July 1889 to June 1890 Rules of Supreme Court,21884, Order XXX] r. 11 Interrogatories - Further and better answers - A plaintifi' is not entitled to ask a defendant to admit upon oath the cmwtruction sought to be placed on certain documents by the plaintif Where a defendant is interrogated as to his depositimw in an examination in a Court 0/ Insolvency he is not entitled to refuse to disaster the same on the ground that by inspection of the depositions the plaintiff could have obtained the infmvuation he desires. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...to decide the point, although I cannot say that the leaning of Lord Cranworth's opinion was not indicated. At page 416 he says: --" If in this case the deceased has obtained, in England, a divorce cl. mensd at thorn, and has then gone to France, and there established herself in a permanent home, living there till her death as the wife of General Des Pontes I desire not to he understood as giving any opinion on the point, whether in such a case her domicile would or would not have been French. The question where a person is domiciled is a mere question of fact. Where has he established his permanent home'! In the case of a wife, the policy of the law interferes, and declares that her home is necessarily the home of her husband; at least it is so prirndfiwie. But where, by judicial sentence, the husband has lost the right to compel the wife to live with him, and the wife can no longer insist on his receiving her to partake of his bed and board, the argument which goes to assert that she cannot set up a home of her own, and so establish a domicile different from that of her husband, is not to my mind ahogcther satisfactory. The power to do so interferes with no marital right during the marriage, except that which he has lost by the divorce ct mensd et them. She must establish a home for herself, in point of fact; and the only question is, supposing that home to be one where the laws of succession to personal property are different from those prevailing at the home of her husband, which law, in case of her death, is to prevail. On this question it is unnecessary, and it would be improper, to pronounce an opinion, for here there was no judicial sentence of divorce is mmsd at there, no decree enabling the wife to quit her husband's...

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Includes: Queensland justice of the peace and local authorities' journal. Reports, v. 1-