Scottish Court of Session Decisions

Subject_1 HUSBAND and WIFE.
Subject_2 DIVISION III.

Mutual Duties betwixt Husband and Wife.
Subject_3 SECT. VI.

Mournings. - Funeral Expenses. - Expense of a Posthumous Child.

Agent for Mrs M'Alister
v.
Her Husband

Date: 18 November 1762
Case No. No 133.

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A woman having prevailed in a declarator of marriage, and the Lords having given her a certain sum in name of costs, her agent, who had expended L. 104 over and above the sum for costs, pursued her husband for re-payment.—He urged, That he could not be liable for a debt contracted against his consent, and in prosecuting himself; and besides insisted, That the sum allowed by the Court was taxative, and excluded higher costs.——The Lords found the husband liable.

Fol. Dic. v. 3. p. 286. Fac. Col.

*** See this case, No 19. p. 4036.