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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> A. v. B [1866] ScotLR 2_163 (29 June 1866)
URL: http://www.bailii.org/scot/cases/ScotCS/1866/02SLR0163.html
Cite as: [1866] SLR 2_163, [1866] ScotLR 2_163

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SCOTTISH_SLR_Court_of_Session

Page: 163

Court of Session Outer House.

(Before Lord Jerviswoode).

2 SLR 163

A.

v.

B.

Subject_1Practice
Subject_2Proof
Subject_3Conjugal Rights Act.
Facts:

A defender and her alleged paramour having failed to appear at a diet of proof in a divorce case for identification, warrant granted to apprehend them.

Headnote:

In the interlocutor allowing a proof to the pursuer in this case, the Lord Ordinary, “on the motion of the pursuer ordains the defender, and C. D. referred to in the libel and relative condescendence, to appear personally at the said diet of proof for the purpose of identification, and grants warrant for citing them accordingly.” At the diet of proof,

Judgment:

Fraser, for the pursuer, put in executions of citation against the defender and against the said C. D. to appear at this diet of proof for the purpose of identification, and these parties having been called, and having failed to appear, counsel moved the Lord Ordinary for a warrant to apprehend them and detain them in safe custody till produced at an adjourned diet of proof before the Lord Ordinary at twelve o'clock to-morrow. The Lord Ordinary, having considered the said motion, and, in respect said parties have failed to appear, grants warant to messengers-at-arms to apprehend the persons of the said B. and C. D., and to

Page: 164

detain them in safe custody till produced to-morrow at twelve o'clock noon, for the purpose of identification at the adjourned diet of proof before the Lord Ordinary, and adjourns the diet for said proof till to-morrow at said hour of twelve o'clock.”

Solicitors: Agent for Pursuer— David Milne, S.S.C.

1866


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URL: http://www.bailii.org/scot/cases/ScotCS/1866/02SLR0163.html