Scottish Court of Session Decisions

This was an action raised in October by Mrs M'Millan against her husband, who was a pawnbroker in Glasgow, for decree of £150 per annum as aliment from the term of Martinmas “next, 1870,” and also for £50 as aliment from the date of the pursuer's being excluded from the defender's house till that term.

After a proof, the Lord Ordinary ( Jerviswoode) pronounced an interlocutor in the following terms:—“Finds that on or about the 12th July 1870 the defender removed or excluded the pursuer from the house in which, at the said date, they had their residence as married persons, and thereafter refused, and still refuses, to admit the pursuer to the said house, or to receive her therein: Finds that the defender has not established by proof facts relevant or sufficient to warrant or to justify such refusal; and with reference to the foresaid findings, finds as matter of law that the defender is liable in aliment to the pursuer; and farther finds it proved that the defender is in receipt and in possession of an annual income of £640 or thereby: Finds, with reference to the preceding findings, that the defender is liable in payment to the pursuer in aliment at the rate of £140 sterling per annum, payable to her at the terms, and in advance, as concluded for in the summons; and is also liable in payment to her of the sum of £46 sterling, in name of aliment, from the said 13th day of July 1870 until the term of Martinmas thereafter, together with interest at 5 per centum per annum on each of the said termly payments, as concluded for in the summons, and decerns for payment accordingly—but under deduction always of the sums of aliment already decerned for in favour of the pursuer.”

The defender reclaimed.

Fraser and Black argued that the amount given by the Lord Ordinary was excessive. Arrears of aliment should not be given, as the husband was responsible for the debts contracted by his wife; Donald v. Donald, 22 D. 1118; Macnaughton, 12 D. 703.

Shand and R. V. Campbell for the respondent.