Subject_1 HUSBAND and WIFE. Subject_2 DIVISION VIII.
The Wife how far valens agere without concourse of her Husband.
Subject_3 SECT. III.
A Wife may prosecute her Husband, with a Curator ad litem.
Lady Wamphray v. The Laird her Husband
Date: 4 June 1673 Case No. No 256.
The Lords may authorise advocates to concur with married wives in their actions against their husbands
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In a reduction pursued at the Lady's instance of her contract of marriage upon minority and lesion, against her husband, it was alleged, That the Lady, being married, could not pursue this, or any other action, unless she were authorised by the defender, who was her husband, which he did altogether refuse. It was answered, That the reduction being founded upon unanswerable law, and her husband, the person who had wronged her, he could not prejudge her of the ordinary remedy, wherein she and all other wives might be oppressed and wronged, if it were sustained that husbands might obstruct, by their refusing, all legal process: The lords of Session, as in the case where pupils have action against their tutors, may give warrant to any other to authorise this pursuit in place of the husband. The Lords did grant warrant to the Lady's advocate, in place of the husband, to concur with this pursuit, and found the case alike with that of minors and their tutors and curators, without which the remedy of law could not be found to relieve both women and minors where they were extremely wronged.
Fol. Dic. v. 1. p. 406. Gosford, MS. No 582. p. 381.
