Robbie v. Dawes [1924] ScotLR 519 (31 May 1924)

Robbie v. Dawes [1924] ScotLR 519 (31 May 1924)

The pursuer was entitled to decree of affiliation and aliment for the protection of her rights, but not to expenses, as the action was merely one of constitution following prior admission and payment by the defender.

Citation
[1924] ScotLR 519
Parties
Pursuer: Rebecca Howe Laird Robbie; Defender: Corporal F. C. Dawes
Jurisdiction
Scotland
Judgment Date
31 May 1924
Procedural Posture
Affiliation and Aliment / Appeal From Sheriff to Court of Session Inner House, First Division
Outcome
Decree of affiliation and aliment granted; no expenses awarded to either party.
Legal Topics
Affiliation and Aliment, Paternity, Constitution of Claim, Court Expenses
Family Law Civil Procedure Affiliation and Aliment Paternity Constitution of Claim Court Expenses

Case Brief

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Parties

Rebecca Howe Laird Robbie

Pursuer

Corporal F. C. Dawes

Defender

Procedural Posture

Affiliation and Aliment / Appeal From Sheriff to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether the pursuer is entitled to decree of affiliation and aliment where paternity and liability have been admitted and paid prior to action
  2. 2 Whether the pursuer is entitled to expenses in an action that is merely one of constitution

Ratio Decidendi

The pursuer was entitled to decree of affiliation and aliment for the protection of her rights, but not to expenses, as the action was merely one of constitution following prior admission and payment by the defender.

Court Disposition

Decree of affiliation and aliment granted; no expenses awarded to either party.

Orders

  • Interlocutors of the Sheriff and Sheriff-Substitute recalled
  • Decree granted against defender in terms of the crave of the initial writ