Freely Available British and Irish Public Legal Information
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Riddell v. Riddell [1890] ScotLR 28_1 (18 October 1890)
URL: http://www.bailii.org/scot/cases/ScotCS/1890/28SLR0001.html
Cite as: [1890] ScotLR 28_1, [1890] SLR 28_1
[New search] [Printable PDF version] [Help]
SCOTTISH_SLR_Court_of_Session
Page: 1↓
Court of Session Inner House Second Division.
[
v.
Facts:
After decree of divorce, commission granted to take the evidence of the alleged co-respondent, who was under care in a lunatic asylum, if fit to be examined.
Upon 20th June 1889 Robert Scott Riddell brought an action of divorce against his wife on the ground of her adultery with Eugene Weegman, sometime residing in Edinburgh, but whose present address was unknown to the pursuer.
No motion was made while the case was in the Outer House for a commission to examine Weegman, nor did he appear as a witness.
Upon 24th December 1889 the Lord Ordinary (
The defender reclaimed, and upon 20th July 1890 her counsel applied to have the case delayed in order that an endeavour might be made to find Weegman, and have him examined on commission.
Upon 15th October 1890 counsel for the defender stated that Weegman had been discovered, but that he was under care in a lunatic asylum in Sydney, and asked a commission to have him examined.
The Court pronounced the following interlocutor:—
“The Lords having heard counsel for the parties, on the motion of the reclaimer, grant commission to Alexander Matheson, Esq., W.S., Blackstone Chambers, 17 O'Connell Street, Sydney, whom failing to Henry Edwardes, Chief Clerk, Master in Lunacy's Office, Supreme Court Bench, Chancery Square, Sydney, to take the examination of Eugene Weegman, who is now or was lately an inmate of the Hospital for the Insane, Callan Park, Balmain, near Sydney, New South Wales, provided always that the said commissioner is satisfied that the said Eugene Weegman is mentally fit to be examined; appoint the said examination to take place upon interrogatories and cross-interrogatories to be adjusted by the Clerk of Court; and appoint the said commissioner, before proceeding to take the said examination, to satisfy himself by all proper evidence that the said Eugene Weegman is mentally fit to be examined: To be reported quam primum, and decern: Meanwhile continue the cause.”
Counsel for the Reclaimer— M'Lennan. Agent— Wm. Donaldson, Solicitor.
Counsel for the Respondent— Guthrie— Salvesen. Agent— Alex. Wardrop, Solicitor.