Lawyers' Reports Annotated Volume 14 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 Excerpt: ...Turner, for appellant: The court erred in holding it had not the power or authority to grant an order to compel a personal examination of the plaintiff. Note.--Power to compel plaintiff in a suit to submit to a physical examination. In cane of suits for annulment of marriage. In a suit for the annulment of a marriage on the ground of impotence a court of chancery has power to compel the parties to submit to a surreal examination whenever it is necessary to ascertain facts which are essential to the proper decision of the causes. Dcvanbagh v. Devanbagh, 5 Paige, 554,3 L.ed.827. So in a suit for the annulment of a marriage on the ground of malformation or abnormal physical proportions amounting to physical inability on the part of the male, the court may order a personal examination by physicians or matrons of the plaintiff. Anonymous, 7 L. R. A. 425. 89 Ala. 291. So where plaintiff sued to be restored to conjugal rights and his wife alleged his impotence, the court appointed examiners to ascertain the truth of her allegations. C. v. C 32 L. J. Mat. 12. It seems that in a suit by a woman for annulment of marriage on the ground of impotence there must be a report by sworn medical inspectors as to her state. Stage v. Edgecombe, 32 L. J. Mat. 153. So in a case for divorce on the ground of the impotence of the husband, examiners were appointed for both parties. B. v. C. 32 L. J. Mat, 135. But in B. v. L.. 16 Week. Bep. 943, in a suit for annulment of marriage because of malformation of the wife, the court made an order for her inspection without ordering the husband to submit to inspection. In civil suits generally. Blackstone states (3 Com. 332) that upon an appeal of mayhem where the issue joined is whether it is mayhem or no mayhem this shall be decided by the...