The determination of the division of property is within the sound discretion of the trial court and "[is] not to be reversed on appeal absent a manifest abuse of discretion. Goodman , So.
The trial court awarded the parties' residence to the wife and the vehicles to the husband. The wife had acquired the house by a previous marriage, and the husband alleged that he had paid for the vehicles. It was made known to the court in the application for rehearing that the Monte Carlo had been wrecked and the insurance company was holding the money awaiting a claim. The court amended its decree to award the insurance money to husband.
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We do not find from the evidence introduced at trial that the award of the remaining vehicles or insurance proceeds to the husband was reversible error. Accordingly, we affirm the judgment of the trial court. Back to Results. Download Print Get alerts. James v. James So. Browse cases. September 12, Larry Waites, Birmingham, for appellee.
The paucity of options available to women did not mean that they simply stopped trying.
The grounds for annulment included inability to consummate the marriage. The sheer ordeal of providing proof—the wife was always subjected to physical examinations of the most intrusive kind—was enough to deter most women. But in , Willmott Bury of Devon requested an annulment on the grounds that her husband, John, was physically incapable of consummating the marriage. The examining midwives agreed that Mrs. Bury was a virgin, and a physician testified that a kick from a horse had left Mr.
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Bury with just one testicle, the size of a tiny bean. The court duly granted an annulment. Unfortunately, on his release from Willmott, John married again and fathered a son.
The suit ultimately failed. Nevertheless, in , Frances, Countess of Essex, and her family cited impotency in their nullity suit against the Earl of Essex. But, eager to avoid dishonor and humiliation, he claimed that the difficulty was only with Frances. Aristocratic society did not know what to make of the case. She was desperate to marry him, and prepared to do anything to win her case—a dangerous state of affairs that would come back to haunt her. According to Aquinas, a man could be rendered temporarily impotent if witchcraft were involved.
An annulment was therefore possible with all honor intact. Few people were taken in by the Aquinas argument, and certainly not the Archbishop of Canterbury, who headed the panel of ten judges. But Frances and Somerset had a powerful ally in the form of the king.
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The suit was granted by a majority vote, and the couple were married in December in the society wedding of the year. This was not the end of the story, however. Two years later, the king received a letter that he could not ignore. It accused Frances of having poisoned Sir Thomas Overbury, one of the loudest critics against the annulment, who conveniently died just ten days before the court decision. If that were not damaging enough, Overbury had died while a prisoner in the Tower of London—sent there on the orders of the king.
Behind the obvious scandal lay a possible conspiracy that reached all the way to the throne.
Suspects were rounded up with bewildering speed. Frances was arrested and pleaded guilty to attempted murder. The disgraced couple was permanently banished to the country, where they lived out their days in bitterness and mutual recrimination. The Essex affair had a dampening effect on annulment suits. A woman married to a castrato could also claim valid grounds, as in the doomed love affair between Dorothea Maunsell and the Italian opera singer Giusto Ferdinando Tenducci.
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This left two grounds open to women: bigamy and being underage at the time of the marriage. Both were easy to prove and surprisingly common until the Marriage Act established a set of rules for the performing and recording of marriages. Before then, a woman married to a scoundrel could only hope that he had a secret marriage somewhere in his past. Fielding kept the deception going for six months until he discovered that an even greater deception had been practiced on him.
Fielding turned his rage on the Duchess of Cleveland, beating her so badly that she jumped through a window to escape his violence. She brought a successful suit against him in December, by which time he had already run through a great deal of her money and seduced her granddaughter, leaving her pregnant with his son. Since the hideous violence Fielding inflicted on Barbara would not, in itself, have been sufficient to secure a divorce, it raises the question whether there was ever a case so extreme that the courts intervened.
The answer is just once, but not in the manner traditionally associated with divorce.
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In April , a grand jury indicted the Earl of Castlehaven on the capital charges of rape and sodomy. According to English law, the prosecutors could not disagree with the first part of his statement, but they rejected the logical conclusion of the latter. The three presenters sped across the Lucerne Valley in customised red, white and blue Ford Mustangs. Meanwhile, Top Gear floundered after the trio left. Viewing figures plunged under new host Chris Evans but recovered slightly after he departed, leaving former Friends actor Matt LeBlanc in charge.
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