Tongue v Allen
| Jurisdiction | England & Wales |
| Judgment Date | 07 May 1835 |
| Date | 07 May 1835 |
| Court | Ecclesiastical Court |
English Reports Citation: 163 E.R. 13
IN THE ECCLESIASTICAL COURTS AT DOCTORS' COMMONS
Affirmed, nomine Tongue v Tongue, 1 Moore, P. C. 88, 12 E R. 745 (with note).
[38] tongue v, allen. Arches Court, Easter Term, 3rd Session, May 7th, 1835.-Suit of nullity of marriage under 4 G. 4, c. 76, by reason of undue publication of banns sustained; both parties having " knowingly and wilfully intermarried after such undue publication." [Affirmed, nomine Tongue v Tongue, 1 Moore, P. C. 88; 12 E ft. 745 (with note).] The King's advocate and Haggard in support of the sentence. Addams contra Judgment-8ir Herbett Jennet. This is an appeal from the Consistory Court of London in a suit of nullity of marriage, by reason of undue publication of banns brought by the father of a minor, Edward Croxall Tongue, against Mary Anne Allen, widow, falsely calling herself Tongue 14 TONGUE V. ALLEN 1 CURT. 39 The citation was returned on the 22nd of April, 1834, the libel was brought in on the 16th of May, and admitted without opposition on the fa'rst session of Trinity Term, the 29th of May, 1834. The marriage was confessed, and a negative issue was given to other parts of the libel, five witnesses were examined, no interrogatories were put to the witnesses, nor was any counterplea given in, so that the case came on to be heard on the evidence taken on the libel only, when the judge of the Consistory Court was of opinion that the proof was insufficient, and dismissed the party cited From this sentence an appeal was brought to this Coui fc, and an allegation containing supple-[39]-mental matter was offered, which was opposed and rejected by the Court, so that the appeal has been heard upon the same evidence as in the Court below. The facts of the case appear to be these The minoi (the son of Edward Tongue, who is described as a gentleman of consideiable lauded property, on which he resided in Staffordshire) was born on the 4th of May, 1815, and was baptized on the 15th of October following, as Edward Croxall Tongue; in 1828 or 1829 he was placed at a school kept by a gentleman of the name of Atchison, at Edgbaston near Birmingham, in Warwickshire, in 1832 Mr Atchison removed from Edgbaston to Keynsham, in the county of Gloucester; and in January, 1833, a second son of Mr Tongue's was sent to the same school It further appears that Mrs. Allen, the sistei of Mr. Atchison, who was about thirty-five years of age, and a widow, lived with hei brother at Edgbaston and Keynsham as housekeeper, and to superintend the pupils, that the young man was always, as well at home as at school, called by the name of Croxall, the baptismal name, Edward, having become entirely dormant and disused, although it certainly does appear that he had been seen to write the name Edward, but whether with or without the name Croxall is not stated, but the general effect of the whole evidence is that he was called, addressed, and spoken of by his family, friends, and schoolfellows, and by Mrs. Allen as Croxall only . and so much had that become the name by which he was known that one witness says that if be had heard Edward / / Tongue mentioned he should have supposed the father was meant [40] In the beginning of 1833, the parties having agreed to be maniecl, banns of marriage were published on Sunday, the 10th of February, and on the two following Sundays in the church of St Michael, Bristol, in the names of Edwaid Tongue, and Mary Anne Allen, altogether omitting the name Cioxall, by which, as has been already observed, the young man was generally, if not universally, known , and it is charged that this was knowingly and wilfully done, and by preconcert between the parties for the purpose of...
To continue reading
Request your trial
-
Courtenay v Miles
...v. ReaELR L. R. 1 C. C. R. 365. Templeton v. TyreeELR L. R. 2 P. & D. 420. Wiltshire v. PrinceENR 3 Hagg. Eccl. 332. Tongue v. AllenENR 1 Curt. 38. Brealy v. ReedENR 2 Curt. 833. Midgley v. WoodENR 4 Sw. & Tr. 267. Hill v. WilsonELR L. R. 8 Ch. App. 888. Hope v. Lord Cloncurry Ir. R. 8 Eq. ......
-
Bevan (falsely called McMahon) v James McMahon
...& S. 259, in note to the case of Reg v. Belhngkuisi, Doimer v, Wittia/tns, 1 Curt. 870- Clowes v. Clowes, 2 N. C. 1 , * Tongue v. Allen, 1 Curt. 38; S. C. on appeal, 1 Moore, 90; Catterall v. Sweetman, I Robert, 304; Swift v. Kellyf 3 Knapp, 282 : The Prince of Capita's ca.se, ''Times" news......