Rodger v. Weir and Another [1917] ScotLR 254 (08 February 1917)

Rodger v. Weir and Another [1917] ScotLR 254 (08 February 1917)

The father, having taken an active part in the litigation and not merely concurring as curator, was properly found jointly and severally liable with his son for the whole expenses of the case.

Citation
[1917] ScotLR 254
Parties
Pursuer: Jeanie Rodger; Defender: Walter Somerville Weir (minor); Defender: William Weir (as curator-in-law)
Jurisdiction
Scotland
Judgment Date
08 February 1917
Procedural Posture
Action of Affiliation and Aliment / Appeal From Sheriff Court to Court of Session Inner House, First Division
Outcome
Appeal dismissed. Defender and his father as curator jointly and severally liable to the pursuer in the whole expenses of the case.
Legal Topics
Parent and Child, Curator Liability, Expenses in Litigation, Affiliation and Aliment, Liability of Guardian
Family Law Civil Procedure Parent and Child Curator Liability Expenses in Litigation Affiliation and Aliment Liability of Guardian

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 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Jeanie Rodger

Pursuer

Walter Somerville Weir (minor)

Defender

William Weir (as curator-in-law)

Defender

Procedural Posture

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

Legal Issues

  1. 1 Whether a father, called as curator-in-law for his minor son in an action of affiliation and aliment, is personally liable for expenses when he takes an active part in the litigation.
  2. 2 Whether mere concurrence as curator or active participation is required for liability in expenses.

Ratio Decidendi

The father, having taken an active part in the litigation and not merely concurring as curator, was properly found jointly and severally liable with his son for the whole expenses of the case.

Court Disposition

Appeal dismissed. Defender and his father as curator jointly and severally liable to the pursuer in the whole expenses of the case.

Orders

  • Defender and his curator found jointly and severally liable in expenses to the pursuer.