Subject_1 ALIMENT.
Subject_2 ALIMENT due ex debito naturali.
Date: Janet Glendinning
v.
James Flint
19 November 1782
Case No.No 77.
How long the mother is entitled to the custody of a female bastard child, and to payment from the father for its maintainance.
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Janet Glendinning sued Flint for aliment of a bastard female child, whom she had born him.
In determining the quantum of that allowance, the Court was influenced by a specific obligation under the hand of Flint. With regard to the endurance of it, or of the mother's right to the custody of her child, their Lordships seemed to be chiefly moved by the consideration of the child's being of the female sex.
The Lord Ordinary had found, ‘That the pursuer, Janet Glendinning, was entitled to keep the child until it attain the age of seven years, and to be paid an aliment therefor, at the rate of L. 100. Scots yearly.’ But
The Court varied that interlocutor, and ‘found the pursuer entitled to aliment for her child, at the rate of L. 10 Sterling per annum, ay and until she arrives at the age of ten years complete; reserving to the child to apply afterwards for aliment, as accords.’
Lord Ordinary. Westhall, Act. Little. Alt. Henry Ershine. Clerk, Colquhoun.
The electronic version of the text was provided by the Scottish Council of Law Reporting