Johnston v. Johnston [1903] ScotLR 40_499 (14 March 1903)

Johnston v. Johnston [1903] ScotLR 40_499 (14 March 1903)

Articles 10 and 11 are res noviter and admissible as they relate to facts not known or reasonably discoverable by the pursuer at the time of proof; article 12 is irrelevant and inadmissible as evidence of prior misconduct by the co-defender with another woman is not competent corroborative evidence in this context.

Citation
[1903] ScotLR 40_499
Parties
Pursuer and Reclaimer: John Johnston; Defender and Respondent: Maggie Wilson or Johnston; Co Defender and Respondent: Rev. Emmanuel Morgan
Jurisdiction
Scotland
Judgment Date
14 March 1903
Procedural Posture
Divorce Action / Reclaiming Note After Outer House Judgment
Outcome
Record opened up; amendment allowed in part
Legal Topics
Divorce, Adultery, Amendment of Record, Res Noviter
Family Law Civil Procedure Divorce Adultery Amendment of Record Res Noviter

Case Brief

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Parties

John Johnston

Pursuer and Reclaimer

Maggie Wilson or Johnston

Defender and Respondent

Rev. Emmanuel Morgan

Co Defender and Respondent

Procedural Posture

Divorce Action / Reclaiming Note After Outer House Judgment

Legal Issues

  1. 1 Whether newly discovered facts (res noviter) can be added to the record after proof and judgment in a divorce action
  2. 2 Whether evidence of co-defender's prior misconduct with another woman is relevant

Ratio Decidendi

Articles 10 and 11 are res noviter and admissible as they relate to facts not known or reasonably discoverable by the pursuer at the time of proof; article 12 is irrelevant and inadmissible as evidence of prior misconduct by the co-defender with another woman is not competent corroborative evidence in this context.

Court Disposition

Record opened up; amendment allowed in part

Orders

  • Allow pursuer to amend record by adding articles 10 and 11 to the condescendence
  • Defender and co-defender to answer articles 10 and 11 by first box-day in ensuing vacation