A Digest of All the Reported Decisions of the Superior Courts, from 1884 to 1888 Inclusive: Together with a Selection from Those of the Irish Courts (Classic Reprint)

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Excerpt from A Digest of All the Reported Decisions of the Superior Courts, From 1884 to 1888 Inclusive: Together With a Selection From Those of the Irish Courts

Settlement Act (18 19 Vict. C. A domiciled Scotchman. An ante-nuptial settlement was executed. After the death of her husband she commenced the present action in the Scotch courts to set aside the settlement. No evidence was given as to the capacity of an infant to exe cute a binding contract by the law of Ireland -held, that the point being raised in the pleadings, the House must take judicial notice that by the law of Ireland the settlement was not binding on the appellant, without regard to whether any, or what, evidence of the law of Ireland, as a matter of fact, had been given in the court below and further, that the validity of the settlement was not affected by the fact that at the time of its execution both parties contemplated a Scottish domicile during their married life. Cooper V. Cooper, 13 App. Gas. 88 59 L. T. L - H. L.

Costs - Point not raised below.] - Where an appeal succeeds upon a. Point not raised in the court belo'w, the appellant will not get costs. I b.

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