Williamson v. M'Clelland [1913] ScotLR 469 (28 February 1913)

A gestation period of 306 days is not impossible in law or medical science; with admitted connection and no evidence of another father, paternity is established.

Citation: [1913] ScotLR 469
Parties: Pursuer/appellant: Isabella Williamson; Defender/respondent: James M'Clelland
Jurisdiction: Scotland
Judgment Date: 28 February 1913
Procedural Posture: Affiliation and Aliment / Appeal From Sheriff to Court of Session Inner House, First Division
Outcome: appeal allowed
Legal Topics: Parentage, Affiliation, Period of Gestation, Paternity

Family Law Parentage Affiliation Period of Gestation Paternity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1

Parties

Isabella Williamson

Pursuer/appellant

James M'Clelland

Defender/respondent

Procedural Posture

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

Legal Issues

1 Whether a gestation period of 306 days precludes paternity by the defender
2 Whether the evidence supports the pursuer's claim of paternity

Ratio Decidendi

A gestation period of 306 days is not impossible in law or medical science; with admitted connection and no evidence of another father, paternity is established.

Court Disposition

appeal allowed

Orders

Sheriff's interlocutor recalled
Sheriff-Substitute's interlocutor restored