Scott v. Scott [1924] ScotLR 560 (27 June 1924)

Scott v. Scott [1924] ScotLR 560 (27 June 1924)

The Court refused to order the appointment of a mandatary because the pursuer's absence was bona fide, related to his employment, and such an order would unjustly prevent him from pursuing his appeal.

Citation
[1924] ScotLR 560
Parties
Pursuer and Reclaimer: William Scott; Defender and Respondent: Mrs Janet M'Dougall or Scott
Jurisdiction
Scotland
Judgment Date
27 June 1924
Procedural Posture
Action of Divorce / Reclaiming Motion (appeal) After Dismissal at First Instance
Outcome
motion refused
Legal Topics
Divorce, Desertion, Mandatary, Procedural Discretion
Family Law Civil Procedure Divorce Desertion Mandatary Procedural Discretion

Case Brief

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Parties

William Scott

Pursuer and Reclaimer

Mrs Janet M'Dougall or Scott

Defender and Respondent

Procedural Posture

Action of Divorce / Reclaiming Motion (appeal) After Dismissal at First Instance

Legal Issues

  1. 1 Whether the pursuer, resident abroad, should be ordered to appoint a mandatary in a Scottish divorce action

Ratio Decidendi

The Court refused to order the appointment of a mandatary because the pursuer's absence was bona fide, related to his employment, and such an order would unjustly prevent him from pursuing his appeal.

Court Disposition

motion refused

Orders

  • Prayer of the note for appointment of a mandatary refused in hoc statu.