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Scottish Court of Session Decisions >>
Elizabeth Ogilvie v Peter Reid, her Husband. [1696] 4 Brn 327 (17 November 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040327-0700.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Elizabeth Ogilvie v. Peter Reid, her Husband
Date: 17 November 1696
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Elizabeth Ogilvie gives in a bill against Mr Peter Reid, minister, her husband, complaining, that she intended to raise a reduction of her contract, wherein the said Mr Patrick had circumvened her; and she had not persona standi in judicio without her husband's concourse; and he refused against himself; therefore craved one Forbes, her nephew, might be authorised as her curator ad hanc litem, to carry it on. Mr Patrick alleged he was most unfit, being the great incendiary and promoter of the discord.
The Lords found they had not the nomination, but only to interpose their authority; therefore granted the desire of the bill. The Parliament of Paris, and other courts in France, sustain such processes at wives' instances, etiam reluctante marito, where he can give no just reason for refusing his concourse.
