Serrells v. Serrells [1908] ScotLR 204 (01 December 1908)

The Court held that the applicant, being a Scottish domiciled soldier stationed in England, may make his declaration of poverty before the regimental chaplain, and the respondent's right to object is preserved by allowing her to forward questions to the chaplain.

Citation: [1908] ScotLR 204
Parties: Petitioner: David Farquhar Serrells; Respondent: Mrs Catherine Clapperton or Serrells
Jurisdiction: Scotland
Judgment Date: 01 December 1908
Procedural Posture: Application for Admission to Poor's Roll / Motion Before Court of Session Inner House Second Division
Outcome: prayer of the note granted
Legal Topics: Poor's Roll, Certificate of Poverty, Domicile, Jurisdiction

Civil Procedure Family Law Poor's Roll Certificate of Poverty Domicile Jurisdiction

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Parties

David Farquhar Serrells

Petitioner

Mrs Catherine Clapperton or Serrells

Respondent

Procedural Posture

Application for Admission to Poor's Roll / Motion Before Court of Session Inner House Second Division

Legal Issues

1 Whether a Scottish domiciled soldier stationed in England can make a declaration of poverty before a regimental chaplain instead of a Scottish parish minister and elders as required by Act of Sederunt 1842
2 Whether the respondent's right to object under Act of Sederunt sec. 4 is preserved

Ratio Decidendi

Court Disposition

prayer of the note granted

Orders

Remit to chaplain ministering to Royal Field Artillery to take applicant's declaration of poverty and, if so advised, grant certificate of poverty in usual form