Florence v. Smith [1912] ScotLR 267 (11 December 1912)

Florence v. Smith [1912] ScotLR 267 (11 December 1912)

The Court refused to ordain the defender to sist a mandatory because he had been assoilzied in the lower court, left Scotland bona fide for business, and remained within the jurisdiction of a British Court.

Citation
[1912] ScotLR 267
Parties
Pursuer: Catherine Eleanor Florence; Defender: George Smith
Jurisdiction
Scotland
Judgment Date
11 December 1912
Procedural Posture
Appeal / Motion During Appeal
Outcome
motion refused
Legal Topics
Mandatory, Defender Abroad, Appeal, Affiliation and Aliment
Civil Procedure Mandatory Defender Abroad Appeal Affiliation and Aliment

Case Brief

Summary, issues, holding and outcome

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Parties

Catherine Eleanor Florence

Pursuer

George Smith

Defender

Procedural Posture

Appeal / Motion During Appeal

Legal Issues

  1. 1 Whether a defender who is abroad in the British Dominions must sist a mandatory to defend an action in appeal

Ratio Decidendi

The Court refused to ordain the defender to sist a mandatory because he had been assoilzied in the lower court, left Scotland bona fide for business, and remained within the jurisdiction of a British Court.

Court Disposition

motion refused

Orders

  • No order for defender to sist a mandatory