Murison v. Murison [1922] ScotLR 36 (28 October 1922)

Murison v. Murison [1922] ScotLR 36 (28 October 1922)

The court recalled the award of interim aliment because the pursuer failed to establish a prima facie case of Scottish jurisdiction, the defender denied the marriage and no proof had been led, and the pursuer had already obtained an award of aliment from the Natal court, making a further award in Scotland inexpedient.

Citation
[1922] ScotLR 36
Parties
Pursuer: Florence Smith or Murison; Defender: Patrick Murison
Jurisdiction
Scotland
Judgment Date
28 October 1922
Procedural Posture
Declarator of Marriage and Interim Aliment / Appeal (reclaiming Note) Against Interlocutor Awarding Interim Aliment Before Proof
Outcome
Interlocutor of the Lord Ordinary recalled; case remitted back to proceed as accords.
Legal Topics
Declarator of Marriage, Aliment, Jurisdiction, Interim Aliment, Recognition of Foreign Judgments
Family Law Private International Law Declarator of Marriage Aliment Jurisdiction Interim Aliment Recognition of Foreign Judgments

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Parties

Florence Smith or Murison

Pursuer

Patrick Murison

Defender

Procedural Posture

Declarator of Marriage and Interim Aliment / Appeal (reclaiming Note) Against Interlocutor Awarding Interim Aliment Before Proof

Legal Issues

  1. 1 Whether the Scottish Court had jurisdiction to award interim aliment where the defender was domiciled and resident in Natal, South Africa and not cited within Scotland
  2. 2 Whether interim aliment can be awarded in a declarator of marriage action where the marriage is denied and no proof has been led
  3. 3 Whether it is expedient to award interim aliment when the pursuer has already obtained an award from the court of the defender's domicile

Ratio Decidendi

The court recalled the award of interim aliment because the pursuer failed to establish a prima facie case of Scottish jurisdiction, the defender denied the marriage and no proof had been led, and the pursuer had already obtained an award of aliment from the Natal court, making a further award in Scotland inexpedient.

Court Disposition

Interlocutor of the Lord Ordinary recalled; case remitted back to proceed as accords.

Orders

  • Recall of interlocutor awarding interim aliment to pursuer
  • Remit of cause back to Lord Ordinary for further proceedings