Scottish Court of Session Decisions

In an action of divorce, on the head of adultery, the husband, pursuer, alleged in his libel that his wife had separated from his society since February, 1826, and had lived in adultery with Robert White and George Haldane, and other men. In making up a record, he averred, inter alia, that she left his house in February, 1826, “and resided for some time in the house of Watson, lodging-house keeper in College Street of Glasgow, where she was visited by, and had carnal and adulterous intercourse and dealings with the said Robert White. She thereafter took up a tavern in Trongate Street, and at the same time kept a flesh shop in Gallowgate Street of Glasgow. She afterwards took the Muirhouse toll-bar,” &c….“After leaving the Muirhouse toll-bar, the defender resided in, and kept the Market Inn of Glasgow. She afterwards took the bottle-work of Glasgow,” &c…“From the period of her leaving the pursuer, as above-mentioned, in February, 1826, she has, unknown to the pursuer, been in the frequent habit of having carnal and adulterous conversation, intercourse, and dealings with other men, and especially with the said George Haldane, sometime spirit-dealer in Glasgow.”

The defender objected to the relevancy of this, and other passages of the record, as being too vague and indefinite.

The Lord Ordinary sustained the record, and

The defender reclaimed.