Dawson v. M'Kenzie [1908] ScotLR 473 (21 February 1908)

Dawson v. M'Kenzie [1908] ScotLR 473 (21 February 1908)

The pursuer's evidence was not corroborated by anything beyond proof of opportunity, which was not of such a character as to raise suspicion or be given a different complexion by false statements from the defender. Therefore, the pursuer failed to establish her case.

Citation
[1908] ScotLR 473
Parties
Pursuer/respondent: Helen Dawson; Defender/appellant: William M'Kenzie
Jurisdiction
Scotland
Judgment Date
21 February 1908
Procedural Posture
Affiliation and Aliment / Appeal From Sheriff to Court of Session Inner House, First Division
Outcome
appeal allowed; defender assoilzied (absolved)
Legal Topics
Affiliation, Aliment, Proof of Paternity, Corroboration, Parent and Child
Family Law Affiliation Aliment Proof of Paternity Corroboration Parent and Child

Case Brief

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Parties

Helen Dawson

Pursuer/respondent

William M'Kenzie

Defender/appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether opportunity alone can corroborate the pursuer's evidence in an action of affiliation and aliment
  2. 2 Whether the defender's denials or statements amount to sufficient corroboration of the pursuer's claim

Ratio Decidendi

The pursuer's evidence was not corroborated by anything beyond proof of opportunity, which was not of such a character as to raise suspicion or be given a different complexion by false statements from the defender. Therefore, the pursuer failed to establish her case.

Court Disposition

appeal allowed; defender assoilzied (absolved)

Orders

  • Sheriff's interlocutor recalled
  • judgment of Sheriff-Substitute restored