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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Lindsay v. Kerr [1891] ScotLR 28_267 (15 January 1891)
URL: http://www.bailii.org/scot/cases/ScotCS/1891/28SLR0267.html
Cite as: [1891] SLR 28_267, [1891] ScotLR 28_267
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SCOTTISH_SLR_Court_of_Session
Page: 267↓
Court of Session Inner House Second Division.
v.
( Ante, p.233, December 19th,1890.)
Facts:
A wife with the concurrence of her husband unsuccessfully brought an action of affiliation and aliment against a man whom she alleged to be the father of a child born shortly after her marriage. Held that decree for expenses in favour of the defender fell to be pronounced against both the wife and her husband.
A married woman with the consent and concurrence of her husband brought an action of affiliation and aliment against a man whom she alleged was the father of a child born shortly after her marriage. The Sheriff-Substitute pronounced decree in her favour, but the Court of Session recalled this interlocutor, assoilzied the defender, and found him entitled to expenses. The defender's counsel when moving the adoption of the Auditor's report, contended, upon the authority of Lord Fraser's work upon Husband and Wife, p. 584, that the decree for expenses should be pronounced against the husband as well as against the wife.
It was argued for the husband—That on the authority of the case of Baillie v. Chalmers, April 6, 1791, 3 Paton's App. Cas. 213, decree for expenses here should go out against the wife alone. It was her action.
At advising—
The Court pronounced decree for expenses against both the husband and the wife.
Counsel for the Defender— Sym. Agent— Alex. Wyllie, Solicitor.
Counsel for the Husband— Burnet. Agents— Emslie & Guthrie, S.S.C.