Turnbull v. Brien [1907] ScotLR 239 (05 December 1907)

The aliment provided by the pursuer was given ex pietate as a donation, with no intention to create a debt; therefore, the pursuer's claim is irrelevant and unenforceable.

Citation: [1907] ScotLR 239
Parties: Pursuer: James Turnbull; Defender: John Brien
Jurisdiction: Scotland
Judgment Date: 05 December 1907
Procedural Posture: Civil Appeal / Appeal From Sheriff Court Decision
Outcome: appeal dismissed
Legal Topics: Aliment, Donation, Debt, Presumption, Pupil

Family Law Obligations Aliment Donation Debt Presumption Pupil

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 1

Parties

James Turnbull

Pursuer

John Brien

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court Decision

Legal Issues

1 Whether aliment provided to a pupil by a person not under natural obligation constitutes a debt or a donation
2 Whether subsequent promises to pay for maintenance create a legal obligation

Ratio Decidendi

The aliment provided by the pursuer was given ex pietate as a donation, with no intention to create a debt; therefore, the pursuer's claim is irrelevant and unenforceable.

Court Disposition

appeal dismissed

Orders

judgment of Sheriff-Substitute affirmed
action dismissed