Mathieson v. Mathieson [1914] ScotLR 7 (23 May 1914)

The court held that personal service of the summons on the defender, combined with documentary evidence (decree of affiliation and aliment and amended birth certificate) connecting the defender to the illegitimate child, and the absence of any defence or appearance by the defender or co-defender, constituted sufficient proof of adultery to grant a decree of divorce.

Citation: [1914] ScotLR 7
Parties: Pursuer: Mrs Bridgett M'Arcy or Mathieson; Defender: John Mathieson; Co Defender: Joanna M'Cormack
Jurisdiction: Scotland
Judgment Date: 23 May 1914
Procedural Posture: Divorce / Final Judgment
Outcome: decree of divorce granted
Legal Topics: Divorce, Adultery, Proof of Adultery, Evidence, Default Judgment

Family Law Divorce Adultery Proof of Adultery Evidence Default Judgment

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Parties

Mrs Bridgett M'Arcy or Mathieson

Pursuer

John Mathieson

Defender

Joanna M'Cormack

Co Defender

Procedural Posture

Divorce / Final Judgment

Legal Issues

1 Whether decree of divorce can be granted on documentary evidence of adultery where no oral evidence is led and no appearance is made by defender or co-defender
2 Whether an extract decree of affiliation and aliment is sufficient proof of adultery for divorce

Ratio Decidendi

Court Disposition

decree of divorce granted

Orders

Decree of divorce granted in favour of the pursuer against the defender on the ground of adultery
Defender to pay expenses