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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_708 (20 July 1870)
URL: http://www.bailii.org/scot/cases/ScotCS/1870/07SLR0708.html
Cite as: [1870] ScotLR 7_708, [1870] SLR 7_708
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SCOTTISH_SLR_Court_of_Session
Page: 708↓
Court of Session Inner House First Division.
v.
Facts:
The income of a man who had been judicially separated from his wife for adultery was estimated at £309 from his business and £71 from property. The Court fixed the amount of aliment at £80 per annum, and gave the father the custody of a pupil son 13 years of age.
In this case of separation and aliment (reported ante, vol. vii, p. 591), the Court remitted to Mr Carfrae to report the amount of the defender's income.
Mr Carfrae reported as follows:—
“The reporter having examined the books of the defender, and taken all other requisite means of satisfying himself as to the amount of his income from all sources, begs to report to the Court that in his opinion the sum of Three hundred and eighty pounds sterling (£380) is a fair average amount of the yearly income of the said defender.”
Humbly reported by
Robert Carfrae.
Edinburgh, 77 George Street, 16 th July 1870.
“Of the above Three hundred and eighty pounds sterling, the sum of Three hundred and nine pounds sterling is from business, and Seventy-one pounds sterling from property. R. C.”
The Court fixed the amount of aliment at £80 per annum, and gave the custody of the boy of 13 years of age, to the father.
Agent for Pursuer— William Mitchell, S.S.C.
Agent for Defender— Robert Mure, S.S.C.