Bonnar v. Bonnar [1911] ScotLR 764 (25 May 1911)

Bonnar v. Bonnar [1911] ScotLR 764 (25 May 1911)

Where a pursuer's claim for separation and aliment has been dismissed after proof, and no exceptional circumstances are shown, the Court will not exercise its discretion to grant interim aliment or expenses pending appeal.

Citation
[1911] ScotLR 764
Parties
Pursuer (reclaimer): Mrs Agnes Swift or Bonnar; Defender (respondent): Neil Bonnar
Jurisdiction
Scotland
Judgment Date
25 May 1911
Procedural Posture
Action of Separation and Aliment / Reclaiming Note (appeal) on Interim Aliment and Expenses After Proof and Assoilziment
Outcome
application refused
Legal Topics
Separation, Aliment, Interim Relief, Expenses, Practice and Procedure
Family Law Civil Procedure Separation Aliment Interim Relief Expenses Practice and Procedure

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Parties

Mrs Agnes Swift or Bonnar

Pursuer (reclaimer)

Neil Bonnar

Defender (respondent)

Procedural Posture

Action of Separation and Aliment / Reclaiming Note (appeal) on Interim Aliment and Expenses After Proof and Assoilziment

Legal Issues

  1. 1 Whether a wife whose claim for separation and aliment has been dismissed at proof is entitled to interim aliment and expenses pending appeal

Ratio Decidendi

Where a pursuer's claim for separation and aliment has been dismissed after proof, and no exceptional circumstances are shown, the Court will not exercise its discretion to grant interim aliment or expenses pending appeal.

Court Disposition

application refused

Orders

  • Prayer of the note for interim aliment and expenses refused.