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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Frœbel v. Frœbel and Liddell [1884] ScotLR 22_22 (28 October 1884)
URL: http://www.bailii.org/scot/cases/ScotCS/1884/22SLR0022.html
Cite as: [1884] ScotLR 22_22, [1884] SLR 22_22
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SCOTTISH_SLR_Court_of_Session
Page: 22↓
Court of Session Outer House.
v.
This was an action by Ernst William George Otto Frœbel against his wife, concluding for divorce on the ground of adultery with the co-defender Liddell. No appearance was made for the defender or co-defender. The summons concluded against the defender and co-defender, conjunctly and severally, for the expenses of process. The facts averred in the condescendence were proved, and the Lord Ordinary granted decree of divorce. The pursuer moved the Lord Ordinary to find the defender and co-defender jointly and severally liable in expenses as concluded for. He stated that the defender had separate estate. He referred to Milne v. Milne, L. R., 2 P. & D. 204; Fraser on Husband and Wife, vol. ii. p. 1231.
The Lord Ordinary, “in respect it is stated that the said Bessie Reid Kerr or Frœbel has separate funds of her own, and Robert Liddell, the other defender, having failed to appear,” found “both these defenders liable, conjunctly and severally, in expenses, as the same shall be taxed,” &c.
Counsel for Pursuer— Sym. Agent— J. P. Bannerman, W.S.