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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Fife v Christian Wilson. [1775] 5 Brn 551 (00 August 1775)
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Cite as: [1775] 5 Brn 551
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[1775] 5 Brn 551
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. reported by ALEXANDER TAIT, CLERK OF SESSION, one of the reporters for the faculty.
Subject_2 PROBATION.
Fife
v.
Christian Wilson
1775 .August .Click here to view a pdf copy of this documet : PDF Copy
Fife, a chairmaster, brought a process of divorce, on the head of adultery, against his wife, Christian Wilson, for alleged adultery with Paton. The Commissaries assoilyied, and found the libel not proven. Fife complained by way of advocation, and insisted that the proof was sufficient. The Lords found so, and remitted the cause to the Commissaries, with an instruction to find so.
In arguing this case, the Judges were unanimous, that it was competent to Fife to examine Paton, if he thought proper; but his counsel, thinking the proof already adduced, sufficient, declined it. If it was competent to Fife to do so, it was certainly equally competent for the defender to have done it; but her counsel, though they acquiesced in Paton's examination should Fife demand it, yet, on their part, they did not insist for it.
The electronic version of the text was provided by the Scottish Council of Law Reporting