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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Paterson v. Paterson [1899] ScotLR 37_60_1 (9 November 1899)
URL: http://www.bailii.org/scot/cases/ScotCS/1899/37SLR0060_1.html
Cite as: [1899] SLR 37_60_1, [1899] ScotLR 37_60_1
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SCOTTISH_SLR_Court_of_Session
Page: 60↓
Court of Session Inner House First Division.
(Without the
v.
Facts:
When a husband who was the petitioner in a petition for the custody of his children subsequently raised an action of divorce against his wife, the Court sisted the petition to await the result of the action of divorce.
Alexander Paterson brought a petition for the custody of the children of his marriage. Answers were lodged by Mrs Paterson, and in July 1899 the petition was remitted to the Sheriff of the Lothians to inquire into the whole circumstances of the case, and to report.
Thereafter Mr Paterson raised an action for divorce, containing conclusions for the custody of the children, and moved that the petition for custody should be sisted.
Page: 61↓
The respondent moved that the petition be dismissed, and argued that, on the authority of M‘Callum v. M'Callum, January 24, 1893, 20 R. 293, when the petition was presented after the action was raised, that was the proper course.
The Court sisted the petition.
Counsel for the Petitioner— J. C. Watt. Agent— W. H. Farquharson, S.S.C.
Counsel for the Respondent— A. M. Anderson. Agent— R. G. Bowie, S.S.C.