Scottish Court of Session Decisions

On 8th January 1884 Mrs Jane M'Cubbin or Stewart raised an action against her husband, Thomas Stewart, hatter in Glasgow, concluding for decree of separation a mensá et thoro, and for payment of a yearly aliment of £300.

Decree of separation a mensâ et thoro was subsequently pronounced by the Lord Ordinary, whose judgment was affirmed by the Second Division, the amount of aliment being by

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arrangement fixed at £250 per annum. There were two children of the marriage, both girls, who when the decree was pronounced were aged fifteen and twelve respectively.

This was a petition by Thomas Stewart to restrict the sum of aliment payable to his wife.

The petitioner set forth the sources of his income, and averred that when the sum of £250 was arranged he was anxious to deal liberally with his wife, but that he now found that owing to losses in business, and to other causes for which he was not responsible, his income, now derived wholly from private investments, was £184 per annum, and he was unable to pay the aliment agreed on. He was also proprietor of a house valued at £45 rental, in which he lived.

He offered £52 per annum, and asked to be allowed a proof of his averments, and thereafter that the aliment should be restricted. He stated his desire that the children of the marriage should now live with him.

Mrs Stewart lodged answers.

She alleged that her husband's income was not less than £820 per annum. She denied all knowledge of the losses stated by the petitioner to have been incurred by him, and averred that the sum offered was totally inadequate for her support. She objected to the proposed removal of her daughters to live with the petitioner.

The Court pronounced the following interlocutor:—

“Remit to Mr A. Moore, C.A., Glasgow, to inquire into the circumstances of the parties, and to report: Grant diligence for the recovery of writings, and commission to the said accountant to examine havers and to receive their exhibits.”