Neill Petitioner [1911] ScotLR 830 (17 June 1911)

Neill Petitioner [1911] ScotLR 830 (17 June 1911)

The Court granted the commission to take the petitioner's oath de calumnia and evidence before the action was called, as the petitioner would be absent from the country for an extended period, provided that previous notice of the commission be given to the defender and proof thereof exhibited to the commissioner.

Citation
[1911] ScotLR 830
Parties
Petitioner: William Watson Neill; Defender: Mary Ann Murray or Neill
Jurisdiction
Scotland
Judgment Date
17 June 1911
Procedural Posture
Petition (divorce) / Pre Trial (application for Commission Before Action Called)
Outcome
Commission and diligence granted as prayed, with additional requirement for notice to defender.
Legal Topics
Divorce, Commission to Take Evidence, Oath De Calumnia, Evidence Preservation
Family Law Civil Procedure Divorce Commission to Take Evidence Oath De Calumnia Evidence Preservation

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Parties

William Watson Neill

Petitioner

Mary Ann Murray or Neill

Defender

Procedural Posture

Petition (divorce) / Pre Trial (application for Commission Before Action Called)

Legal Issues

  1. 1 Whether commission should be granted to take the petitioner's oath de calumnia and evidence before the action is called due to his imminent departure from the country.

Ratio Decidendi

The Court granted the commission to take the petitioner's oath de calumnia and evidence before the action was called, as the petitioner would be absent from the country for an extended period, provided that previous notice of the commission be given to the defender and proof thereof exhibited to the commissioner.

Court Disposition

Commission and diligence granted as prayed, with additional requirement for notice to defender.

Orders

  • Commission granted to Mr R. A. Lee, Advocate, to take petitioner's oath de calumnia and evidence to lie in retentis until action is called and enrolled before a Lord Ordinary.
  • Previous notice of commission to be given to defender and proof thereof exhibited to commissioner before oath is taken.