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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> A., Petitioner [1868] ScotLR 5_511 (21 May 1868)
URL: http://www.bailii.org/scot/cases/ScotCS/1868/05SLR0511.html
Cite as: [1868] ScotLR 5_511, [1868] SLR 5_511
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SCOTTISH_SLR_Court_of_Session
Page: 511↓
Court of Session Inner House First Division.
Facts:
In an action of divorce, the Court, on the petition of the pursuer, before the calling of the summons, granted commission to be executed in London or Liverpool for examining a witness about to go abroad; and, on the motion of the wife, defender, awarded her £10 of expenses for attending the examination.
A. brought an action of divorce against his wife, and, before the summons was called, he petitioned for a commission to examine an important witness, who was presently resident in London or Liverpool, and was about to go abroad. He alleged that the witness could not attend in Edinburgh, and craved his appointment of a commissioner in London and in Liverpool.
Fraser for petitioner.
Trayner, for respondent, did not object to the commission being granted, but asked an award of expenses to enable the respondent to attend at the commission.
The Court awarded £10 of expenses, and appointed the petitioner to give three days' intimation of the proposed examination of the witness to the respondent and co-respondent.
Solicitors: Agent for Petitioner— J. S. Darling, W.S.
Agents for Respondents— Duncan & Dewar, W.S.