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![handle is hein.slavery/ssactsengr0851 and id is 1 raw text is: WARRENDER 1'. WARRENDER [1835] II CLARK & FINNELLY.
[488] APPEAL
FROM THE COURT OF SESSION.
The Hon. Lady ANNE WARRENDER,--.Appellant; The Right Hon. Sir
GEORGE WARRENDER, Bart.,-Respondent.
[Mews' Dig. viii. 226; S. C. 9 Bli. N.S. 89. Among the numerous cases in which
Warrender v. Warrender has been dealt with, it may suffice to refer to Harvey v.
Farne (1880-82), 8 A. C. 43; and Le Mesurier v. Le Meswrier (1895), A. C. 517,
where all the principal authorities are examined. See also Westlake's Priv. Int.
Law, 3d Ed. 65, 78, and Dicey, Confl. of Laws, 2nd Ed. 388.]
A Scotchman domiciled in Scotland was married in England to an English-
woman, and by marriage contract secured to her a jointure on his Scotch
estates. They went to Scotland after their marriage, and resided there a
short time, when they returned to England. They afterwards agreed to a
separation, and articles of agreement were executed, by which the husband
secured a separate maintenance to the wife during the separation. From
the time of the separation the wife resided abroad, and the husband continued
to be domiciled in Seotland, where he raised an action of divorce against
her, on the head of adultery, alleged to have been committed abroad after the
separation. HELD by the House of Lords, affirming the interlocutor of the
Court of Session, that the wife's legal domicile was in Scotland, where the
husband's was, and that she was amenable to the jurisdiction of the Scotch
Court; that an edictal citation, with actual intimation by serving a copy of
the summons personally, was a good citation; and that it is competent to the
Scotch Courts to entertain a suit to dissolve a marriage contracted in Eng-
land.
This was an appeal against an interlocutor of the Court of Session in Scotland,
repelling preliminary defences taken by the Appellant to an action of divorce raised
against her there, in September 1833, at the instance of the Respondent. The main
question, now for the first* time submitted for adjudication to [489] this House,
was whether the Scotch Courts have jurisdiction to entertain suits for dissolving
marriages contracted and solemnized in England, according to the law of England.
The Respondent, in the case prepared on his behalf in the Court of Session,
and afterwards presented to this House for the purposes of the appeal, stated,
among other things, that he was born in Scotland, of Scotch parents; succeeded to the
family estates in the county of East Lothian, and acquired, by purchase in other
counties of Scotland, landed property of considerable extent and value; that on
succeeding to the estate of Bruntsfield near Edinburgh, in 1820, he fitted up the
mansion-house there as his principal place of residence, and actually resided there
from that period; that in early life he obtained a commission in the Berwickshire
militia, and was still lieutenantcolonel of that regiment. In 1807 he was returned
to Parliament for the Haddington district of burghs; afterwards was elected Member
for an English borough, and during his attendance on his parliamentary duties,
for the first five years, he lived in temporary lodgings or in hotels in London,
having then no house or establishment in any part of England. In 1812, being ap-
pointed a member of the Board of Admiralty, he took possession of a house assigned
to him in right of that appointment, and continued to occupy it until April of the
year 1822 ; but in every year during that period he returned to Scotland, whenever
his official duties permitted his absence from London. In October 1810, while the
Respondent was residing in lodgings in London, he was married, according to
the laws of England and the rites of the Church of England, to the Hon. Anne
Boscawen (the Appellant), daughter of George Evelyn, Viscount [490] Falmouth,
then deceased, with the consent of her guardians, she being only 18 years of age: That
previous to and in contemplation of the marriage, a settlement in the English form,
The same question was submitted in Tovey v. Lindsey, 1 Dow. 117, but was not
decided.](ViewImageLocal?handle=hein.slavery/ssactsengr0851&div=1&collection=&method=preview&ext=.png&size=3)