Street v Street
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1823 |
| Date | 01 January 1823 |
| Court | Ecclesiastical Court |
English Reports Citation: 162 E.R. 196
IN THE ECCLESIASTICAL COURT AT DOCTOR'S COMMON AND IN THE HIGH COURT OF DELEGATES.
REPORTS of CASES ARGUED and DETERMINED in the ECCLESIASTICAL COURTS at DOCTORS' COMMONS and in the HIGH COURT of DELEGATES. By J. ADDAMS, LL.D., an Advocate in Doctors' Commons. Vol. II. Containing Cases from Michaelmas Term, 1823, to Trinity Term, 1825, inclusive. In Continuation of the ECCLESIASTICAL REPORTS of Dr. PHILLIMORE. London, 1825. [1] reports of cask argued and determined in the ecclesiastical courts at doctors' commons- and in the high court of delegates STREET v. street. Arches Court, Michaelmas Term, 2nd Session, 1823.-Sentences of local ordinaries as to the amount of (especially permanent) alimony not to be disturbed on slight grounds An appeal by the husband, complaining that too large a sum had been allotted to the wife for permanent alimony pronounced against, and the cause remitted. (An appeal from the Consistorial Episcopal Court of Exeter.) This was an appeal by the husband from an allotment of permanent alimony to the wife, made by the Consistonal Episcopal Court of Exeter; where the wife had obtained a sentence of divorce from the husband by reason of adultery. Judgment-Sir Johii Niekoll. In this suit, which was originally depending in the Consistory Court of the Lord Bishop of Exeter, the wife, the respondent, has obtained a sentence of divorce from the husband, the appellant, by reason of adultery. The appellant acquiesces in the sentence so far. But the wife has also been allotted the sum of 1601 per annum, payable by the husband as for per-[2]-manent alimony. It is this allotment of alimony which the husband objects to, and from which he has prosecuted the present appeal. I am still of opinion, as in the case of Cook and Cook (2 Phillimore, page 40), to which I have been referred, that it requires a strong case to disturb the sentence of the local ordinary upon a question of alimony. If that sentence were extreme either way, the Court would undoubtedly interfere; in the one case to modify or reduce, and in the other to augment, the alimony, so, in either case, on that supposition, egregiously misallotted But it is not any mere slight difference of opinion as to the propriety of the allotment in point of amount which would justify this Court to itself in exercising such an interference; and for this reason in particular. The Court below must have been better informed than this Court can...
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