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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> A. B. v. C. B [1884] ScotLR 21_716 (4 July 1884)
URL: http://www.bailii.org/scot/cases/ScotCS/1884/21SLR0716.html
Cite as: [1884] SLR 21_716, [1884] ScotLR 21_716
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SCOTTISH_SLR_Court_of_Session
Page: 716↓
Court of Session Inner House Second Division.
v.
(Ante, p. 598.)
Facts:
The Court of Session having in an action for nullity of marriage by a wife against her husband found and declared the pretended marriage to be null, given expenses to the pursuer, and ordained the defender to pay her the taxed amount thereof, and the defender having appealed to the House of Lords, the pursuer presented a petition for interim execution pending appeal, to the effect of enabling her to recover payment of the expenses. The Court allowed interim execution to that effect, and refused to ordain her to find caution for repetition in the event of the judgment being reversed.
The defender (C. B.) having appealed to the House of Lords against the judgment of the Second Division ( ante, p. 598) of 4th June finding his marriage with the pursuer to be null and void, and also against a subsequent interlocutor of 13th June approving of the Auditor's report on the pursuer's account of expenses, and ordaining the defender to pay to her the taxed amount thereof, £319, 12s. 10d., the pursuer presented this petition for interim execution of these decrees, “to the effect of enabling the petitioner to recover payment of the said expenses.” The defender did not object to the prayer of the petition being granted, but moved the Court to qualify it by ordaining the pursuer to find caution to repeat the amount of the expenses in the event of the judgment being reversed.
The pursuer objected to the qualification, on the ground that if the defender succeeded in the appeal the pursuer would be declared to be still his wife.
The defender argued—Meantime the marriage was declared null, and the order should therefore be granted. Besides, the wife had separate estate, which was liable for her expenses.
The Court authorised extract of the decrees of 4th and 13th June, and allowed execution to proceed thereon to the effect of enabling the pursuer to recover payment of the expenses decerned for in her favour by the decree of 13th June, and dispensed with reading in the minute-book.
Counsel for Pursuer— D.-F. Macdonald, Q.C.— Jameson. Agents— Boyd, Jameson, & Kelly, W.S.
Counsel for Defender— Trayner— Armour. Agents— Beveridge, Sutherland, & Smith, S.S.C.