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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Smith v Smith [1838] CS 16_499 (13 February 1838)
URL: http://www.bailii.org/scot/cases/ScotCS/1838/016SS0499.html
Cite as: [1838] CS 16_499
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SCOTTISH_Court_of_Session_Shaw
Page: 499↓
v.
D. F. Hope— Anderson.
M'Neill— More.
Subject_Divorce—Adultery—Hushand and Wife.—
Decree of divorce pronounced against a wife, in respect of adultery committed by her “with a person whose name is unknown.”
Facts:
Smith raised an action of divorce against his wife, on the head of adultery. It appeared from the proof that the defender was caught at night, and undressed, in bed with a man who was partially undressed, but who got up and escaped without any person being able to discover who he was. It was clearly proved, however, that he was not the defender's husband.
The Lord Ordinary pronounced this interlocutor;—“Finds facts, eircumstances, and qualifications, proved, relevant to infer the defender's guilt of adultery, on the 16th day of November, 1836, as libelled, with a person whose name is unknown, and, therefor, divorces, separates, finds and declares in terms of the conclusions of the libel, and decerns.”
The defender reclaimed; but
The Court adhered.
Solicitors: J. Peddie, Jun., W.S.— W. A. G. and R. Ellis, W.S.—Agents.