Gallacher v. Connerton [1909] ScotLR 709 (20 May 1909)

Gallacher v. Connerton [1909] ScotLR 709 (20 May 1909)

The Court appointed a curator ad litem for the married woman pursuer, enabling her to proceed with the appeal despite her husband's refusal to concur.

Citation
[1909] ScotLR 709
Parties
Pursuer (appellant): Annie Gallacher; Defender (respondent): James Connerton; Pursuer's Husband: John Gaffney
Jurisdiction
Scotland
Judgment Date
20 May 1909
Procedural Posture
Appeal / Motion to Dismiss Appeal and Appointment of Curator Ad Litem
Outcome
curator ad litem appointed; appeal not dismissed
Legal Topics
Title to Sue, Married Woman, Curator Ad Litem, Affiliation and Aliment
Family Law Civil Procedure Title to Sue Married Woman Curator Ad Litem Affiliation and Aliment

Case Brief

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Parties

Annie Gallacher

Pursuer (appellant)

James Connerton

Defender (respondent)

John Gaffney

Pursuer's Husband

Procedural Posture

Appeal / Motion to Dismiss Appeal and Appointment of Curator Ad Litem

Legal Issues

  1. 1 Can a married woman sue in her own name in an action of affiliation and aliment?
  2. 2 Is appointment of a curator ad litem competent when the husband refuses to concur?

Ratio Decidendi

The Court appointed a curator ad litem for the married woman pursuer, enabling her to proceed with the appeal despite her husband's refusal to concur.

Court Disposition

curator ad litem appointed; appeal not dismissed

Orders

  • curator ad litem appointed for pursuer