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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Hardie v. Leith [1878] ScotLR 16_48 (31 October 1878)
URL: http://www.bailii.org/scot/cases/ScotCS/1878/16SLR0048.html
Cite as: [1878] SLR 16_48, [1878] ScotLR 16_48
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SCOTTISH_SLR_Court_of_Session
Page: 48↓
Court of Session Inner House Second Division.
[Sheriff of Aberdeenshire.
v.
Facts:
The mother of an illegitimate female child, born in May 1865, obtained decree for aliment against the reputed father till the child should be ten years old or able to maintain itself. In 1878 the mother raised a second action for aliment, claiming £5 yearly from May 1875 till May 1880, when the child would be fifteen, or till it should be able to support itself. Held (1) that the mother, qua
Page: 49↓
disburser, was entitled to receive payment of past aliment as up to November 1878; but (2) that she was not entitled to sue for future aliment in name of a minor pubes, who was sui juris, and might leave her and choose her own residence.
Counsel for Pursuer (Appellant)— Nevay—Agent— J. Watson Johns, L.A.
Counsel for Defender (Respondent)— Balfour— Rhind. Agent— Wm. Officer, S.S.C.