Spence v. Spence [1914] ScotLR 766 (03 July 1914)

Spence v. Spence [1914] ScotLR 766 (03 July 1914)

The reclaiming note against the Lord Ordinary's interlocutor refusing amendment of the summons is competent before the record is closed and is, in the circumstances, highly expedient.

Citation
[1914] ScotLR 766
Parties
Pursuer and Reclaimer: Mrs Isabella Gray or Spence; Defender and Respondent: Lockhart James Spence
Jurisdiction
Scotland
Judgment Date
03 July 1914
Procedural Posture
Action of Declarator of Marriage / Reclaiming Note Prior to Closing of Record
Outcome
reclaiming note held competent
Legal Topics
Competency of Reclaiming Note, Amendment of Summons, Declarator of Marriage, Damages for Breach of Promise, Seduction
Civil Procedure Competency of Reclaiming Note Amendment of Summons Declarator of Marriage Damages for Breach of Promise Seduction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Mrs Isabella Gray or Spence

Pursuer and Reclaimer

Lockhart James Spence

Defender and Respondent

Procedural Posture

Action of Declarator of Marriage / Reclaiming Note Prior to Closing of Record

Legal Issues

  1. 1 Is a reclaiming note against an interlocutor refusing amendment of summons competent before the record is closed?

Ratio Decidendi

The reclaiming note against the Lord Ordinary's interlocutor refusing amendment of the summons is competent before the record is closed and is, in the circumstances, highly expedient.

Court Disposition

reclaiming note held competent