M'Whirter v. Lynch [1908] ScotLR 83 (07 November 1908)

M'Whirter v. Lynch [1908] ScotLR 83 (07 November 1908)

The contradiction of the defender's evidence was not regarding a circumstance that would have thrown suspicion on him and thus did not amount to corroboration; the pursuer failed to prove her case.

Citation
[1908] ScotLR 83
Parties
Pursuer/respondent: Margaret M'Whirter; Defender/appellant: Alexander Lynch
Jurisdiction
Scotland
Judgment Date
07 November 1908
Procedural Posture
Filiation and Aliment / Appeal From Sheriff Court to Court of Session Inner House, First Division
Outcome
appeal allowed; interlocutors recalled; defender assoilzied (absolved)
Legal Topics
Filiation, Corroboration, Proof, Calling Defender as First Witness
Family Law Evidence Filiation Corroboration Proof Calling Defender as First Witness

Case Brief

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Parties

Margaret M'Whirter

Pursuer/respondent

Alexander Lynch

Defender/appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether contradiction of defender's evidence amounted to corroboration of the pursuer's story in a filiation action
  2. 2 Whether the practice of calling the defender as the pursuer's first witness is proper

Ratio Decidendi

The contradiction of the defender's evidence was not regarding a circumstance that would have thrown suspicion on him and thus did not amount to corroboration; the pursuer failed to prove her case.

Court Disposition

appeal allowed; interlocutors recalled; defender assoilzied (absolved)

Orders

  • The interlocutors appealed against are recalled.
  • The defender is assoilzied (absolved).