The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1874-06-25
THE MoRDAUNT DIVORCE CASE.
What the British Common-Law Judges Think
of il.

OF II.
From the New York Sun.
1t il now a liyle more than five year.
since Sir Charles Mordaunt filed a pet ton
IN the English Divorce Court ior a dissoiu.
ton of his marriage on the ground of his
wiie's iniiielity, making Niscount Cole and
Sir Frederick tombstone correspondents.
TIE sotiBl standing of the parties-Lady
Morduant being a sister of the celebrated
beau'y, the Countess Dudley, and daughter
of Sir Thomas MoncIeife-and the fact that
the Prince of Wales was implicated in the
scandal, gave more than usual prominence
TO the case.
Sir Thomas Mohcrieiie appeared az guar
dian ad Item and filed an answer, alleging
that his daughter was not of sound mind
when the citstion was served upon her, and
hat she had never siuce been, and was no,
then, of sound mind. The question If al
legged inssr ity, which has been set up az a
bar to further proceedings, was tried before
Lord PeEzance and jury in 1870, and re-
suited in verdict that Lady Merchant was
at the commencement Of the suit and had
remained in such mental disorder "a II be
unable TO give inst uctions for her defense
An order Was subsequently granted restrain
ing further proceedings until Lady Mordaun,
should recover her mental capacity, although
The Lord Caief Baron difsented from the
opinion.
On the appeal from this order to tie full
bench OF the Divorce Court it was sustained
by majority of the Judges, the Lord Chief
Baron, however dissenting from the opinion
of Lord Psnzanze aud Mr.. Justice Kestiue.
and being of opinion tina. the proceedings
should be stayed only for a limited time.
unless the ,espnnd,nt should in the mean
time recover.
From this decision Sir Charles Morduant
appealed TO the Hcue of Lords. and the
case was fully argued in July last before !
the Law Lord, Caelmsfl I'd, Hatherly and |
Colonsay (since dead) and the common Law
Judges, Chief Baron Sir Fiizroy Kelley. 1
Barors Martin and Pollock and Justice /
Heating, Brett ard Denman. At the con-
clusion of the arguments the Law Lords |
put the following question 10 the judges:
Whether Under the Act % and IL Vicsora.
proceedings for The tissolu ion of a marriage
can be Instituted or proceeded with, either
on hehslf or against vie, who, before the
pro ceedlrgs were institu ed, has BIC ,me in
cursbiy a iuus;ic."
The Judges on Msy Is gave their answer
10 THE question. MIR. Justice Brett said that
II was admitted by both sides that the oues.
tion depended solely upon the CONSTRUCTION
q the statute; that, withou, overruline the
clear views OF SIR Crssswe.l and Lord Pm.
zance, the tso Judge. most ooaversant With
the procedure Of the Divorce Cour, and Wit,
the statute, it vas impossible to say that The
procedure specified in that act for cDses Of
dissolut on Of marriage was applicable to \
csse where ihs respondent WAS incur,6,v
lanatic; and that be. therefore, apsvered
that proc .edings for dissolution Of marri.ee |,
in the given case could not be proceeded Win.
Mr.. Justice Heating took similar view. and
thought that the stay ought to be suetained
a. the case was analogous to that Of a crimi.
nal case where the accused is found unable
10 plead.