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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Nisbet v. Nisbet [1870] ScotLR 7_591 (30 June 1870)
URL: http://www.bailii.org/scot/cases/ScotCS/1870/07SLR0591.html
Cite as: [1870] ScotLR 7_591, [1870] SLR 7_591
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SCOTTISH_SLR_Court_of_Session
Page: 591↓
Court of Session Inner House First Division.
v.
Facts:
In an action of separation and aliment, one witness alleged that she had seen one act of adultery between the defender and his servant. The
Page: 592↓
latter gave birth to a still-born child, and during her confinement the defender showed the greatest solicitude—went himself for a doctor, and paid his fees. He concealed the fact of the birth from the girl's parents, who lived in the same town, and retained her in his service. Held that the wife was entitled to decree of judicial separation.
This was an action of separation and aliment, at the instance of Mrs Waldie or Nisbet against her husband, on the ground of his adultery with his maid-servant Maria Court. A proof was led before the Lord Ordinary ( Ormidale). It appeared from the evidence that the pursuer and defender had been living apart under a voluntary agreement of separation for some years past. The defender had only one servant, Maria Court, who lived in the house along with him and his two sons. The only witness who saw any improper familiarity between the defender and Court was Mrs Williams, who came once a week to assist in cleaning the house. The other evidence was to the effect (1) that Court was delivered of a still-born child in the defender's house on 15th October 1869; (2) that the defender showed great solicitude during the illness—went himself for the doctor, and paid his fee; (3) that although Court's mother and stepfather lived in Edinburgh no communication was made to them by the defender, who still retained her in his service.
The Lord Ordinary pronounced decree of judicial separation, reserving the amount of aliment for which the defender should be found liable.
The defender reclaimed.
The Solicitor-General and Mansfield for him.
Watson and Henderson in answer.
The Court unanimously adhered.
Agent for Pursuer— William Mitchell, S.S.C.
Agent for Defender— Robert Mure, S.S.C.