Herald v Cowper
| Jurisdiction | Scotland |
| Judgment Date | 24 November 1860 |
| Docket Number | No. 17 |
| Date | 24 November 1860 |
| Court | Court of Session (Inner House - Second Division) |
Lord Kinloch. I.
Husband and Wife—Aliment.—
Process—Aliment—Relevancy—Intimation.—
IN this action for aliment at the instance of a wife against her husband, the pursuer concluded for decree for arrears of aliment at the rate of 10s. per week, and for future aliment at the same rate. The pursuer averred that she had been married on 27th November 1856, deserted on 15th January 1857, and left without any provision by her husband, who went to England in 1858, where he earned L.112 a-year, and had resided since; that he had no domicile in Scotland, but arrestments had been used jurisdictionis fundandæ causa; that she had ‘been obliged to obtain the means of sustenance from friends and relatives.’
Lord Kinloch having made great avizandum to the Court, and the Court being of opinion that the statements in the pursuer's condescendence were not sufficiently full, by interlocutor dated 2d June 1860, allowed an amended condescendence to be given in, and appointed the process to be personally intimated to the defender.
An amended condescendence was accordingly put in, stating, that at the time of their marriage the defender was an engineer, and earning L.1, 15s, a-week. Soon after his marriage he committed adultery with parties named, so that the pursuer never could live in family with him again; that when deserted, she was left without the means of paying the rent of the house which they had occupied: that the defender was now at Wolverton, earning L.6 a-month as an engineer in the service of the London and North-Western Railway Company; and that the summons had been duly intimated to him,—a letter acknowledging its receipt being produced. The pursuer said she was able to earn about L.8 a-year by occasional service, by which, and assistance ‘principally by way of donations’ from relatives, she had supported herself. Her debts amounted to L.10.
When the case was called, it was stated for the pursuer that the summons had been served edictally, and that the amended condescendence had been sent to the defender by post.
A husband who had deserted his wife, and was averred to be living in England and earning wages at the rate of L.6 per month, decerned to pay her both bygone (from the date of desertion) and future aliment, at the rate of six shillings per week.
The Court refused to proceed on general averments in an action for aliment at the instance of a wife, but allowed an amended...
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Coutts v Coutts
...Feb. 22, 1812, F.C.; Anderson, March 3, 1819, F.C.; Williamson v. Williamson, Jan. 27, 1860, 22 D. 599; Cowper v. Cowper, Nov. 24, 1860, 23 D. 68. 2 Foulis, M. 6158; Shand, 10 S. ...