Petrie v. Petrie [1909] ScotLR 151 (25 November 1909)

Petrie v. Petrie [1909] ScotLR 151 (25 November 1909)

Interim aliment and expenses are awarded because proof has been led and a Judge has decided in favour of the pursuer, creating a strong prima facie case. The executrix's denial does not carry the same weight as the alleged husband's denial. The award is limited to bare subsistence due to the estate's size and the obligation's dependency on marriage establishment.

Citation
[1909] ScotLR 151
Parties
Pursuer: Mrs Annette Cooper or Gordon Petrie; Defender: Margaret Cathro Petrie; Defender: George Petrie
Jurisdiction
Scotland
Judgment Date
25 November 1909
Procedural Posture
Declarator of Marriage and Accounting / Interim Awards Pending Reclaiming Note
Outcome
Interim aliment and expenses awarded to pursuer.
Legal Topics
Declarator of Marriage, Aliment, Expenses, Interim Awards
Family Law Declarator of Marriage Aliment Expenses Interim Awards

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Parties

Mrs Annette Cooper or Gordon Petrie

Pursuer

Margaret Cathro Petrie

Defender

George Petrie

Defender

Procedural Posture

Declarator of Marriage and Accounting / Interim Awards Pending Reclaiming Note

Legal Issues

  1. 1 Whether interim aliment and expenses should be awarded to a pursuer in an action of declarator of marriage where the alleged husband is deceased and the estate is small.

Ratio Decidendi

Interim aliment and expenses are awarded because proof has been led and a Judge has decided in favour of the pursuer, creating a strong prima facie case. The executrix's denial does not carry the same weight as the alleged husband's denial. The award is limited to bare subsistence due to the estate's size and the obligation's dependency on marriage establishment.

Court Disposition

Interim aliment and expenses awarded to pursuer.

Orders

  • Defenders to pay pursuer one pound sterling weekly as aliment commencing 3 November 1909 until further orders.
  • Defenders to pay pursuer thirty-one pounds ten shillings sterling for expenses in the Inner House.