M'Arthur v. M'Queen [1901] ScotLR 38_732 (27 June 1901)

M'Arthur v. M'Queen [1901] ScotLR 38_732 (27 June 1901)

The practice of a pursuer calling the defender as the first witness is improper except in exceptional circumstances, and the pursuer failed to prove her case; therefore, the appeal was refused.

Citation
[1901] ScotLR 38_732
Parties
Pursuer and Appellant: Margaret M'Arthur; Defender and Respondent: John M'Queen
Jurisdiction
Scotland
Judgment Date
27 June 1901
Procedural Posture
Filiation and Aliment / Appeal From Sheriff Court to Court of Session Inner House First Division
Outcome
appeal refused
Legal Topics
Filiation, Aliment, Witness Examination, Practice and Procedure
Family Law Civil Procedure Filiation Aliment Witness Examination Practice and Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Margaret M'Arthur

Pursuer and Appellant

John M'Queen

Defender and Respondent

Procedural Posture

Filiation and Aliment / Appeal From Sheriff Court to Court of Session Inner House First Division

Legal Issues

  1. 1 Whether it is proper for the pursuer to call the defender as the first witness in actions of filiation and aliment
  2. 2 Whether the pursuer is bound by the defender's testimony when called as a witness

Ratio Decidendi

The practice of a pursuer calling the defender as the first witness is improper except in exceptional circumstances, and the pursuer failed to prove her case; therefore, the appeal was refused.

Court Disposition

appeal refused

Orders

  • Sheriff's interlocutor recalled; defender assoilzied from conclusions of the action; appeal to Court of Session refused