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Scottish Court of Session Decisions


You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Dalgleish v. Dalgleish [1878] ScotLR 15_383_1 (21 February 1878)
URL: http://www.bailii.org/scot/cases/ScotCS/1878/15SLR0383_1.html
Cite as: [1878] SLR 15_383_1, [1878] ScotLR 15_383_1

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SCOTTISH_SLR_Court_of_Session

Page: 383

Court of Session Inner House Second Division.

Thursday, February 21. 1878.

[ Lord Rutherfurd Clark, Ordinary.

15 SLR 383_1

Dalgleish

v.

Dalgleish.

Subject_1Husband and Wife
Subject_2Divorce
Subject_3Expenses.
Facts:

A raised an action of divorce for adultery against his wife. The defence was a denial of the adultery, and also condonation. The Lord Ordinary found the adultery proved, and pronounced decree of divorce. On a reclaiming note for the defender, in which the only defence relied on was that of condonation, the Court affirmed the Lord Ordinary's interlocutor without calling for a reply from the pursuer.— Held, in an application by the defender for her expenses in the Inner House, that the defender having shown no probable grounds for reclaiming, this was a proper case for following the rule laid down in Kirk v. Kirk, November 12, 1875, 3 R. 128, and that therefore the defender was not entitled to her expenses.

Counsel:

Counsel for Pursuer (Respondent)— Brand. Agents— J. & A. Hastie, S.S.C.

Counsel for Defender (Reclaimer)— Lang. Agent— R. A. Veitch, S.S.C.

1878


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URL: http://www.bailii.org/scot/cases/ScotCS/1878/15SLR0383_1.html