(Ante sub nom. Paxton and Others v. Brown, 45 S.L.R. 323, 1908 S.C. 406.) Herriot v. Jacobsen and Another [1909] ScotLR 998 (19 June 1909)

(Ante sub nom. Paxton and Others v. Brown, 45 S.L.R. 323, 1908 S.C. 406.) Herriot v. Jacobsen and Another [1909] ScotLR 998 (19 June 1909)

The husband's active involvement and voluntary sisting as administrator-in-law for his wife justified personal liability for Inner House expenses, but only liability as administrator-in-law for Outer House expenses.

Citation
[1909] ScotLR 998
Parties
Pursuer: James Herriot; Defender: Isabella Annie Brown or Jacobsen; Defender: Richard Francis Jacobsen
Jurisdiction
Scotland
Judgment Date
19 June 1909
Procedural Posture
Civil / Approval of Auditor's Report Following Reclaiming Note
Outcome
approved Auditor's report; granted joint and several decree for Inner House expenses; granted decree against wife and husband as administrator-in-law for Outer House expenses
Legal Topics
Husband and Wife Liability, Joint and Several Decree, Administrator in Law, Litigation Expenses
Expenses Family Law Husband and Wife Liability Joint and Several Decree Administrator in Law Litigation Expenses

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Parties

James Herriot

Pursuer

Isabella Annie Brown or Jacobsen

Defender

Richard Francis Jacobsen

Defender

Procedural Posture

Civil / Approval of Auditor's Report Following Reclaiming Note

Legal Issues

  1. 1 Whether the husband is personally liable for litigation expenses after being sisted as administrator-in-law for his wife
  2. 2 Whether joint and several decree for expenses should be granted for both Inner and Outer House

Ratio Decidendi

The husband's active involvement and voluntary sisting as administrator-in-law for his wife justified personal liability for Inner House expenses, but only liability as administrator-in-law for Outer House expenses.

Court Disposition

approved Auditor's report; granted joint and several decree for Inner House expenses; granted decree against wife and husband as administrator-in-law for Outer House expenses

Orders

  • Payment of £230 9s 11d by defenders (wife and husband as administrator-in-law) for Outer House expenses
  • Payment of £42 13s 9d by defenders jointly and severally for Inner House expenses