Bridges v. Bridges [1910] ScotLR 203 (17 December 1910)

Bridges v. Bridges [1910] ScotLR 203 (17 December 1910)

The marriage having been dissolved by a final decree of divorce in the principal action, it is impossible for the wife to proceed with her counter action of divorce, and the reclaiming note must be refused.

Citation
[1910] ScotLR 203
Parties
Pursuer/respondent: Thomas Bridges; Defender/reclaimer: Margaret Bridges
Jurisdiction
Scotland
Judgment Date
17 December 1910
Procedural Posture
Divorce and Counter Action / Reclaiming Note (appeal) Against Decree of Absolvitor in Counter Action After Final Divorce Decree
Outcome
Reclaiming note refused; court adhered to the Lord Ordinary's judgment.
Legal Topics
Divorce, Counter Action, Res Judicata, Competency of Appeal
Family Law Civil Procedure Divorce Counter Action Res Judicata Competency of Appeal

Case Brief

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Parties

Thomas Bridges

Pursuer/respondent

Margaret Bridges

Defender/reclaimer

Procedural Posture

Divorce and Counter Action / Reclaiming Note (appeal) Against Decree of Absolvitor in Counter Action After Final Divorce Decree

Legal Issues

  1. 1 Whether a spouse can proceed with a counter action of divorce after a final decree of divorce has dissolved the marriage in the principal action
  2. 2 Whether the reclaiming note (appeal) against the decree of absolvitor in the counter action is competent after the marriage has been dissolved

Ratio Decidendi

The marriage having been dissolved by a final decree of divorce in the principal action, it is impossible for the wife to proceed with her counter action of divorce, and the reclaiming note must be refused.

Court Disposition

Reclaiming note refused; court adhered to the Lord Ordinary's judgment.

Orders

  • Refusal of reclaiming note by Mrs Bridges
  • Adherence to decree of absolvitor in favour of Mr Bridges