Gordon's Judicial Factor v. Gordon's Executrices and Others [1924] ScotLR 588 (11 July 1924)

Gordon's Judicial Factor v. Gordon's Executrices and Others [1924] ScotLR 588 (11 July 1924)

A husband of a woman of full age, being no longer her administrator-in-law nor her curator due to the Married Women's Property (Scotland) Act 1920, is not entitled to plead in Court in support of his wife's case.

Citation
[1924] ScotLR 588
Parties
Pursuer and Real Raiser: James Harold Macdonald, Judicial Factor on the estate of the late Charles Gordon; Defender: Executrices of the late Charles Gordon; Defender: Mrs Eleanora Gordon Cumming or Nakeska, otherwise Nakeski-Cumming; Defender: Trustee on Mrs Nakeski-Cumming's sequestrated estate
Jurisdiction
Scotland
Judgment Date
11 July 1924
Procedural Posture
Multiplepoinding and Exoneration / Direction of the Court on Right of Audience; Inner House, First Division
Outcome
Husband not entitled to be heard in support of wife's claim; cause remitted to Lord Ordinary to proceed.
Legal Topics
Married Women's Property, Right of Audience, Title to Plead
Family Law Civil Procedure Married Women's Property Right of Audience Title to Plead

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Parties

James Harold Macdonald, Judicial Factor on the estate of the late Charles Gordon

Pursuer and Real Raiser

Executrices of the late Charles Gordon

Defender

Mrs Eleanora Gordon Cumming or Nakeska, otherwise Nakeski-Cumming

Defender

Trustee on Mrs Nakeski-Cumming's sequestrated estate

Defender

Procedural Posture

Multiplepoinding and Exoneration / Direction of the Court on Right of Audience; Inner House, First Division

Legal Issues

  1. 1 Whether a husband is entitled to plead in Court in support of his wife's case after the Married Women's Property (Scotland) Act 1920

Ratio Decidendi

A husband of a woman of full age, being no longer her administrator-in-law nor her curator due to the Married Women's Property (Scotland) Act 1920, is not entitled to plead in Court in support of his wife's case.

Court Disposition

Husband not entitled to be heard in support of wife's claim; cause remitted to Lord Ordinary to proceed.

Orders

  • The husband of the claimant Mrs Nakeski-Cumming is not entitled to be heard in support of his wife's claim.
  • The cause is remitted to the Lord Ordinary to proceed.