Faddes v. M'Neish [1923] ScotLR 303 (09 February 1923)

Faddes v. M'Neish [1923] ScotLR 303 (09 February 1923)

The defender's mere abstention from giving evidence, without a contumacious refusal after being cited, does not amount to corroboration of the pursuer's case. The pursuer failed to prove her case on the evidence led, and the defender's conduct did not supply the necessary corroboration.

Citation
[1923] ScotLR 303
Parties
Pursuer: Maggie Faddes; Defender: William M'Neish
Jurisdiction
Scotland
Judgment Date
09 February 1923
Procedural Posture
Affiliation and Aliment / Appeal to Court of Session Inner House Second Division
Outcome
Appeal allowed; Sheriff's interlocutor recalled; interlocutor of Sheriff-Substitute restored; pursuer's claim dismissed.
Legal Topics
Affiliation and Aliment, Corroboration, Parent and Child, Failure to Testify
Family Law Evidence Affiliation and Aliment Corroboration Parent and Child Failure to Testify

Case Brief

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Parties

Maggie Faddes

Pursuer

William M'Neish

Defender

Procedural Posture

Affiliation and Aliment / Appeal to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether the defender's failure to enter the witness-box or lead evidence can be treated as corroboration of the pursuer's case in an affiliation and aliment action.

Ratio Decidendi

The defender's mere abstention from giving evidence, without a contumacious refusal after being cited, does not amount to corroboration of the pursuer's case. The pursuer failed to prove her case on the evidence led, and the defender's conduct did not supply the necessary corroboration.

Court Disposition

Appeal allowed; Sheriff's interlocutor recalled; interlocutor of Sheriff-Substitute restored; pursuer's claim dismissed.

Orders

  • Sheriff's interlocutor recalled
  • Interlocutor of Sheriff-Substitute restored