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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Montgomery v. Montgomery [1880] ScotLR 18_6 (22 October 1880)
URL: http://www.bailii.org/scot/cases/ScotCS/1880/18SLR0006.html
Cite as: [1880] ScotLR 18_6, [1880] SLR 18_6
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SCOTTISH_SLR_Court_of_Session
Page: 6↓
Court of Session Inner House First Division.
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v.
Facts:
A husband obtained divorce in the Outer House against his wife, who reclaimed and presented a note for aliment to the Court after the case had gone to the roll. Held that she was entitled to aliment from her husband until the final judgment of the Court on her reclaiming-note, and to payment of a sum towards expenses of process incurred in the Outer House.
This was an action of divorce on the ground of adultery at the instance of James Montgomery, feuar and portioner in Airdrie, against Margaret Edmistone or Montgomery, his wife. The Lord Ordinary ( Adam) on 20th July 1880 pronounced decree of divorce. Against this interlocutor Mrs Montgomery presented a reclaiming-note. After the case had been put to the roll Mrs Montgomery presented a note to the Court in Single Bills applying for an allowance of aliment since 15th August 1880, up to which time she had received aliment from her husband, and pending the final decision upon her reclaiming-note; as also for a payment to account of expenses of process. It was admitted that Mrs Montgomery had received aliment up till 15th August 1880, under an agreement of voluntary separation, dated 2d March 1878, at the rate of 28s per week; and that while the action was in the Outer House, and before the proof was led, an allowance of £10 to account of expenses of process had been given by the Lord Ordinary.
Authority— Ritchie v. Ritchie, March 11, 1874, 1 R. 826.
At advising—
The other Judges concurred.
The following interlocutor was pronounced:—
“Decern against the pursuer and respondent for payment to the reclaimer of aliment at the rate of 28s. a-week since 15th August last, to continue till final judgment in the cause; further, decern against the respondent for payment to the reclaimer of the sum of £30 further to account of her expenses to the close of the proof in the Outer House.”
Counsel for Pursuer (Respondent)— Young. Agent— A. Morison, S.S.C.
Counsel for Defender (Reclaimer)— Ure. Agent— T. Carmichael, S.S.C.