Christie v. Lyburn [1913] ScotLR 882 (12 July 1913)

Christie v. Lyburn [1913] ScotLR 882 (12 July 1913)

The appellate court, after reviewing the evidence and giving due weight to the impressions of the judge of first instance, found that the pursuer failed to prove the defender was the father of her child and recalled the lower courts' interlocutors.

Citation
[1913] ScotLR 882
Parties
Pursuer/respondent: Annie Christie; Defender/appellant: James Lyburn
Jurisdiction
Scotland
Judgment Date
12 July 1913
Procedural Posture
Affiliation and Aliment / Appeal to Court of Session Inner House First Division
Outcome
appeal allowed; interlocutors recalled; defender assoilzied
Legal Topics
Affiliation, Aliment, Credibility of Witnesses, Weight of Evidence, Appellate Review
Family Law Civil Procedure Affiliation Aliment Credibility of Witnesses Weight of Evidence Appellate Review

Case Brief

Summary, issues, holding and outcome

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Parties

Annie Christie

Pursuer/respondent

James Lyburn

Defender/appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the pursuer proved the defender was the father of her illegitimate child
  2. 2 Duty of appellate court in reviewing findings of fact and credibility

Ratio Decidendi

The appellate court, after reviewing the evidence and giving due weight to the impressions of the judge of first instance, found that the pursuer failed to prove the defender was the father of her child and recalled the lower courts' interlocutors.

Court Disposition

appeal allowed; interlocutors recalled; defender assoilzied

Orders

  • Interlocutors of Sheriff and Sheriff-Substitute recalled
  • Pursuer failed to prove defender was father