Davies v Davies

Judgment Date15 October 1901
Date15 October 1901
Docket NumberNo. 2.
CourtCourt of Session
Court of Session
2d Division

Lord Low, Lord Justice-Clerk, Lord Trayner, Lord Moncreiff.

No. 2.

Process—Reclaiming Note—Signature of counsel.—

In an action of separation and aliment, the husband, who had appeared by counsel up to the closing of the record, thereafter personally conducted his own case.

The Lord Ordinary having granted decree of separation and aliment, the defender lodged a reclaiming note signed by himself alone.

The pursuer having objected to the competency of the reclaiming note, on the ground that it was not signed by counsel, the defender alleged that he could not afford to obtain the services of counsel. Objection repelled in the circumstances of the case.

This was an action of separation and aliment at the instance of Mrs Rebecca Ash or Davies against her husband, who defended the action, and appeared by counsel up to the closing of the record.

After a proof, at which the defender conducted his own case, the Lord Ordinary granted decree of separation and aliment.

The defender presented a reclaiming note, signed by himself but not by counsel.

At the calling of the case in Single Bills, counsel for the respondent objected to the competency of the reclaiming note, on the ground that it was not signed by counsel, and argued;—The defender had made no attempt to obtain the signature of counsel, and the Court would not accept the signature of a party to a reclaiming note when the party had not at least made that attempt.2

The defender stated that he could not afford to obtain the services of counsel, and contended that when the necessary fees were paid, a party was entitled to have a reclaiming note heard though it was signed only by himself.

The opinion...

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