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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> White v. M'Cabe [1881] ScotLR 18_524 (27 May 1881)
URL: http://www.bailii.org/scot/cases/ScotCS/1881/18SLR0524.html
Cite as: [1881] SLR 18_524, [1881] ScotLR 18_524
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SCOTTISH_SLR_Court_of_Session
Page: 524↓
Court of Session Inner House Second Division.
[Sheriff of Midlothian.
v.
Facts:
This was an action for aliment for an illegitimate child, of which Janet M'Cabe, the pursuer, alleged that Robert White was the father. The pursuer, who had previously had two illegitimate children, alleged that the defender had connection with her on two occasions, once in September 1879 and once in October immediately following. The defender denied that he ever had connection with the pursuer, but with regard to the occasion in October deponed that on that occasion he was in pursuer's company and was intoxicated, but “had no connection with her so far as my knowledge lies.”
The Sheriff-Substitute found that defender was the father of the child, and decerned for aliment, and on appeal the Sheriff adhered.
The defender appealed, but the Court, without calling on counsel for respondent, adhered.
Counsel for Appellant— Dundas Grant. Agent— John A. Robertson, S.S.C.
Counsel for Respondent— J. M. Gibson. Agent— R. Broatch, L.A.