Christie v. Christie and Another [1919] ScotLR 513 (28 June 1919)

Christie v. Christie and Another [1919] ScotLR 513 (28 June 1919)

The interlocutor was competent because the parties had settled the action by joint minute, passing from the consistorial aspect, and the Sheriff-Substitute acted within jurisdiction to give effect to the agreement for aliment and custody without proof; any irregularity in the custody order was cured by the parties' agreement.

Citation
[1919] ScotLR 513
Parties
Pursuer: James Christie; Defender: Marion M'Millan or Christie; Defender: John Christie
Jurisdiction
Scotland
Judgment Date
28 June 1919
Procedural Posture
Action of Reduction (challenge to Interlocutor) / Reclaiming Note (appeal) Against Lord Ordinary's Interlocutor Allowing Proof
Outcome
Second plea-in-law for the pursuer repelled; interlocutor of the Lord Ordinary affirmed; case remitted for proof on authority to settle.
Legal Topics
Adherence and Aliment, Competency of Decree, Custody of Children, Reduction of Interlocutor
Family Law Civil Procedure Adherence and Aliment Competency of Decree Custody of Children Reduction of Interlocutor

Case Brief

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Parties

James Christie

Pursuer

Marion M'Millan or Christie

Defender

John Christie

Defender

Procedural Posture

Action of Reduction (challenge to Interlocutor) / Reclaiming Note (appeal) Against Lord Ordinary's Interlocutor Allowing Proof

Legal Issues

  1. 1 Whether the Sheriff-Substitute's interlocutor was incompetent for granting decree without proof in a consistorial cause
  2. 2 Whether it was competent to award aliment during the joint lives of the parties
  3. 3 Whether it was competent to grant custody of the child without a specific crave for custody

Ratio Decidendi

The interlocutor was competent because the parties had settled the action by joint minute, passing from the consistorial aspect, and the Sheriff-Substitute acted within jurisdiction to give effect to the agreement for aliment and custody without proof; any irregularity in the custody order was cured by the parties' agreement.

Court Disposition

Second plea-in-law for the pursuer repelled; interlocutor of the Lord Ordinary affirmed; case remitted for proof on authority to settle.

Orders

  • Second plea-in-law for the pursuer repelled in all branches.
  • Interlocutor of the Lord Ordinary allowing proof affirmed.