Smeaton v. Smeaton [1900] ScotLR 37_595 (20 March 1900)

Smeaton v. Smeaton [1900] ScotLR 37_595 (20 March 1900)

The evidence of cruelty, both as to the incidents after resumption of cohabitation and when viewed in light of prior incidents, was insufficient to establish that the wife could not safely live with her husband. The pursuer's evidence was exaggerated and uncorroborated. The incidents did not amount to legal cruelty justifying judicial separation.

Citation
[1900] ScotLR 37_595
Parties
Pursuer: Elizabeth Margaret Smeaton or Smeaton; Defender: Thomas Wright Burgh Smeaton
Jurisdiction
Scotland
Judgment Date
20 March 1900
Procedural Posture
Action of Separation and Aliment / Appeal (reclaiming Motion) From Lord Ordinary's Decree of Absolvitor
Outcome
Appeal dismissed; decree of absolvitor adhered to.
Legal Topics
Separation, Aliment, Cruelty, Condonation
Family Law Separation Aliment Cruelty Condonation

Case Brief

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Parties

Elizabeth Margaret Smeaton or Smeaton

Pursuer

Thomas Wright Burgh Smeaton

Defender

Procedural Posture

Action of Separation and Aliment / Appeal (reclaiming Motion) From Lord Ordinary's Decree of Absolvitor

Legal Issues

  1. 1 Whether acts of cruelty prior to a previous action, which were condoned by resumption of cohabitation, can be considered in a subsequent action for separation on the ground of cruelty; Whether the evidence establishes cruelty sufficient to entitle the wife to judicial separation

Ratio Decidendi

The evidence of cruelty, both as to the incidents after resumption of cohabitation and when viewed in light of prior incidents, was insufficient to establish that the wife could not safely live with her husband. The pursuer's evidence was exaggerated and uncorroborated. The incidents did not amount to legal cruelty justifying judicial separation.

Court Disposition

Appeal dismissed; decree of absolvitor adhered to.

Orders

  • Decree of absolvitor for the defender; pursuer found entitled to expenses.