Mackay v. Mackay's Trustees [1904] ScotLR 41_396 (10 March 1904)

Mackay v. Mackay's Trustees [1904] ScotLR 41_396 (10 March 1904)

There is no principle of law by which a daughter-in-law can claim aliment directly from her father-in-law when deserted by her husband; her only right is through her husband, and the obligation of the father-in-law does not extend to her independently.

Citation
[1904] ScotLR 41_396
Parties
Pursuer: Mrs Jane Speer Montgomerie or Mackay; Defenders: Trustees of Peter Mackay, deceased
Jurisdiction
Scotland
Judgment Date
10 March 1904
Procedural Posture
Civil / Appeal (reclaiming Motion) From Dismissal at First Instance
Outcome
appeal dismissed; action dismissed
Legal Topics
Aliment, Liability for Aliment, Claim by Daughter in Law Against Father in Law
Family Law Aliment Liability for Aliment Claim by Daughter in Law Against Father in Law

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Parties

Mrs Jane Speer Montgomerie or Mackay

Pursuer

Trustees of Peter Mackay, deceased

Defenders

Procedural Posture

Civil / Appeal (reclaiming Motion) From Dismissal at First Instance

Legal Issues

  1. 1 Whether a father-in-law is legally bound to provide aliment to his daughter-in-law deserted by her husband

Ratio Decidendi

There is no principle of law by which a daughter-in-law can claim aliment directly from her father-in-law when deserted by her husband; her only right is through her husband, and the obligation of the father-in-law does not extend to her independently.

Court Disposition

appeal dismissed; action dismissed

Orders

  • Sustained first plea-in-law for the defenders
  • Dismissed the action