Balfour-Kinnear v. Balfour-Kinnear [1919] ScotLR 282 (28 February 1919)

Balfour-Kinnear v. Balfour-Kinnear [1919] ScotLR 282 (28 February 1919)

The Court allowed the minute to be received as a condescendence of res noviter under reservation of all objections, recognizing that the defender's averments, if established, could be relevant to the administration of justice, but did not rule on the ultimate admissibility or pertinence of the evidence at this stage.

Citation
[1919] ScotLR 282
Parties
Pursuer: Mrs Ethel Anna Purvis—Russell Montgomery or Balfour—Kinnear; Defender: George Purvis—Russell Balfour—Kinnear
Jurisdiction
Scotland
Judgment Date
28 February 1919
Procedural Posture
Divorce / Interlocutory Application After Proof Closed, Reclaiming Motion
Outcome
Minute allowed to be received as a condescendence of res noviter under reservation of all objections; pursuer allowed to answer within fourteen days.
Legal Topics
Divorce, Adultery, Res Noviter Veniens Ad Notitiam, Reopening Proof, Witness Credibility
Family Law Civil Procedure Divorce Adultery Res Noviter Veniens Ad Notitiam Reopening Proof Witness Credibility

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Mrs Ethel Anna Purvis—Russell Montgomery or Balfour—Kinnear

Pursuer

George Purvis—Russell Balfour—Kinnear

Defender

Procedural Posture

Divorce / Interlocutory Application After Proof Closed, Reclaiming Motion

Legal Issues

  1. 1 Whether new evidence (res noviter veniens ad notitiam) justifies reopening proof after closure in a divorce action
  2. 2 Whether credibility of witnesses on collateral matters can be grounds for additional proof

Ratio Decidendi

The Court allowed the minute to be received as a condescendence of res noviter under reservation of all objections, recognizing that the defender's averments, if established, could be relevant to the administration of justice, but did not rule on the ultimate admissibility or pertinence of the evidence at this stage.

Court Disposition

Minute allowed to be received as a condescendence of res noviter under reservation of all objections; pursuer allowed to answer within fourteen days.

Orders

  • Minute received as condescendence of res noviter
  • Pursuer may answer within fourteen days