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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Thomson v. Thomson [1912] ScotLR 8 (10 July 1912)
URL: http://www.bailii.org/scot/cases/ScotCS/1912/50SLR0008.html
Cite as: [1912] ScotLR 8, [1912] SLR 8
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SCOTTISH_SLR_Court_of_Session
Page: 8↓
Court of Session Outer House First Division.
[
v.
Facts:
The Act of Sederunt of 17th July 1908 enacts—Sec. 1.—“In every action of divorce on the ground of adultery in which appearance has not been entered, and in which the person with whom the defender is stated to have committed adultery has not been cited as a co-defender, the Lord Ordinary before whom the action depends shall, before fixing a diet of proof, unless cause be shown to the contrary, appoint intimation
Page: 9↓
to be made to such person in the form, or as nearly as may be in the form, contained in the schedule hereto annexed.…” Intimation was dispensed with by the Lord Ordinary where the woman with whom adultery was said to have been committed was not cited as a co-defender, but where a letter from the woman was produced acknowledging the truth of the charges contained in the summons and intimating her intention not to defend.
This was an action of divorce raised by a wife against her husband, in which she alleged adultery with a woman who was not called as co-defender. The husband did not lodge defences to the action. A letter was produced, written by the woman, in reply to a letter enclosing a copy of the summons, in which she acknowledged the truth of the charges contained therein and intimated her intention not to defend the action.
Counsel for the Pursuer— A. R. Brown. Agents— J. C. & A. Steuart, W.S.