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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hill v. Wilson [1871] ScotLR 8_340 (4 February 1871)
URL: http://www.bailii.org/scot/cases/ScotCS/1871/08SLR0340.html
Cite as: [1871] SLR 8_340, [1871] ScotLR 8_340
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SCOTTISH_SLR_Court_of_Session
Page: 340↓
Court of Session Inner House First Division.
v.
Facts:
An issue of seduction must be single, and specify the occasion.
This was an action of damages for breach of promise of marriage and seduction. The pursuer proposed to take either an issue in general terms,
Page: 341↓
without specifying the time and place of seduction, or two issues specifying different occasions, one in 1860 and the other in 1863. Scott for pursuer.
Solicitor-General and Thoms for defender.
The Court observed that the time at which a woman is seduced is a definite point, and must be well known to her, and so with regard to the place. There cannot be two different occasions. It is an essential part of the pursuer's case, though it is no longer the practice to put it in issue, that up to the time of seduction she was a virtuous woman. If she was seduced in 1860 it is impossible that she could have been seduced in 1863. The occasion in 1860 is well and relevantly stated in her condescendence. She must take a single issue, and that occasion must be embodied in it.
Solicitors: Agent for Pursuer— D. F. Bridgeford, S.S.C.
Agents for Defender— Lindsay & Paterson, W.S.