Weiss v Weiss
| Jurisdiction | Scotland |
| Judgment Date | 17 July 1940 |
| Docket Number | Case No. 206 |
| Date | 17 July 1940 |
| Court | Court of Session (Outer House) |
(Lord Robertson, Lord Ordinary.)
War — Effects of Outbreak of — On Enemy Subjects — With Regard to their Personal Status in the Territory of the Belligerent — Persona standi In judicio — Right to Sue in Matrimonial Cases.
The Facts.—This was an action for divorce. The plaintiff was an enemy alien. He was resident and domiciled in Scotland and had applied for naturalization. He had conformed to the instructions imposed upon enemy aliens and had been exempted from internment. He had received special permission by the competent authorities to travel to Edinburgh in order to give evidence in the case for decision. The Lord Ordinary raised the question of the plaintiff's title to sue, seeing that he was an enemy alien.
Held: that the plaintiff was entitled to sue in a Scottish court. The Lord Ordinary said: “I have had a full citation of authority, and in my judgment the...
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