Anderson, Petitioner [1912] ScotLR 863 (03 July 1912)

Anderson, Petitioner [1912] ScotLR 863 (03 July 1912)

The commission was granted because the petitioner demonstrated she could not remain in Scotland for the duration required to call the case, due to financial hardship and employment obligations, and the defender's residence abroad would cause significant delay.

Citation
[1912] ScotLR 863
Parties
Petitioner: Mrs Isabella Joiner or Anderson; Defender: Alexander Matthew Anderson
Jurisdiction
Scotland
Judgment Date
03 July 1912
Procedural Posture
Petition (divorce) / Interlocutory Application for Commission to Take Evidence
Outcome
petition granted
Legal Topics
Divorce, Evidence, Commission to Take Evidence, Proof, Oath De Calumnia
Family Law Civil Procedure Divorce Evidence Commission to Take Evidence Proof Oath De Calumnia

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Parties

Mrs Isabella Joiner or Anderson

Petitioner

Alexander Matthew Anderson

Defender

Procedural Posture

Petition (divorce) / Interlocutory Application for Commission to Take Evidence

Legal Issues

  1. 1 Whether a commission should be granted to take the petitioner's evidence to lie in retentis due to her imminent return abroad before the divorce action could be called.

Ratio Decidendi

The commission was granted because the petitioner demonstrated she could not remain in Scotland for the duration required to call the case, due to financial hardship and employment obligations, and the defender's residence abroad would cause significant delay.

Court Disposition

petition granted

Orders

  • Remit to Lord Dewar to take the petitioner's evidence to lie in retentis or appoint a commissioner to administer the oath de calumnia and take her evidence; dispense with interrogatories and reading in the minute book; order deposition and productions to be sealed and transmitted to the Clerk of Court to lie in...