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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Smellie v Gillesple [1834] CA 13_700 (19 July 1834)
URL: http://www.bailii.org/scot/cases/ScotCS/1834/013SS0700.html
Cite as: [1834] CA 13_700
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SCOTTISH_Shaw_Court_of_Session
Page: 700↓
v.
Subject_Remuneration for Services. — Witness
Three farmers who had married sisters took a house in the county town for an unmarried sitter of their wives, with whom for some years their children successively lived while attending school, they bearing the expense of the establishment. No evidence of a special agreement was proved, but merely the fact of the sister-in-law having bestowed much attention in taking charge of the children, and she had made no claim for remuneration for several years. In an action at her instance, the Jury found in her favour.
—The cause tried was against one of the brothers-in-law, but actions had been raised against the two others. Their wives, sisters of the pursuer, were tendered as witnesses for the defender, but rejected by the Court.
Sequel of the case mentioned ante, XII., 125, which see. The following issue was sent to trial:—
“It being admitted that the children of the defender resided in a house in Linlithgow, from 1st April, 1821, to 15th May, 1829, under the charge of the pursuer:
“Whether the defender is indebted, and resting owing to the pursuer, in the sum of £121, or any part thereof, as remuneration for her care and attendance on the said children?”
No evidence was led by the pursuer of the alleged agreement to remunerate, but merely as to the attention and trouble actually bestowed by her in the care of the defender's children.
The defender tendered as witnesses his sisters-in-law, Mrs Miller and Mrs Cochran, who were also sisters of the pursuer, and against
The Court rejected the witnesses.
The Jury found for the pursuer to the extent of £12 per annum.
Solicitors: Wotherspoon and Mack, W.S.—J. B. Watt, S.S.C.—Agents.