Kirkcaldy and Dysart Parish Council v. Traquair Parish Council [1915] ScotLR 672 (26 February 1915)

A woman who enters into a bigamous marriage in good faith does not derive a settlement from her putative husband for herself or her children, as she does not acquire the status of a wife essential for settlement under Poor Law; thus, the parish of the putative husband's settlement is not liable for their relief.

Citation: [1915] ScotLR 672
Parties: Pursuer: Kirkcaldy and Dysart Parish Council; Defender: Traquair Parish Council
Jurisdiction: Scotland
Judgment Date: 26 February 1915
Procedural Posture: Action for Declarator and Relief / Judgment at First Instance (outer House, Court of Session)
Outcome: Defenders assoilzied (absolved) from conclusions of the summons with expenses.
Legal Topics: Settlement of the Poor, Derivative Settlement, Legitimacy of Children, Bigamous Marriage, Parochial Relief

Poor Law Family Law Settlement of the Poor Derivative Settlement Legitimacy of Children Bigamous Marriage Parochial Relief

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Parties

Kirkcaldy and Dysart Parish Council

Pursuer

Traquair Parish Council

Defender

Procedural Posture

Action for Declarator and Relief / Judgment at First Instance (outer House, Court of Session)

Legal Issues

1 Whether a woman who entered into a bigamous marriage in good faith derives a settlement from her putative husband for herself or her children under Poor Law.
2 Whether the parish of the putative husband's settlement is liable for the relief of the woman and her children.

Ratio Decidendi

Court Disposition

Defenders assoilzied (absolved) from conclusions of the summons with expenses.

Orders

Defenders absolved from liability for relief of Jeanie Lumsden or Maguire and her children.
Pursuers to pay defenders' expenses.