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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Anderson, Petitioner [1912] ScotLR 863 (03 July 1912) URL: http://www.bailii.org/scot/cases/ScotCS/1912/49SLR0863.html Cite as: [1912] ScotLR 863, [1912] SLR 863 |
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Page: 863↓
Single Bills.
The pursuer in a divorce action. who was employed abroad, and who had returned to Scotland to raise her action, presented a petition for a commission to take her evidence to lie in retentis on the ground that she was obliged to return to her employment before the case could be called, which owing to the fact that her husband was resident in Australia could not be done within three months. The Court granted the prayer of the petition.
Mrs Isabella Joiner or Anderson, domestic servant, New Haven, Connecticut, U.S.A., then residing at Arbroath, wife of Alexander Matthew Anderson, tanner, formerly residing at Arbroath and then at Botany, Sydney, New South Wales, petitioner, presented a petition in which she craved the Court to appoint a commissioner to administer to her the oath de calumnia, and to take her evidence to lie in retentis, in an aotion of divorce at her instance against her husband.
The petitioner stated—“That of this date (15th June 1912) the petitioner was found entitled to the benefit of the poor's roll to raise an action of divorce on the ground of adultery against the said Alexander Matthew Anderson, her husband. The petitioner is employed as a domestic servant at New Haven, Connecticut, and recently returned to this country in order to raise the said action,
That after their marriage in 1904 the parties resided together for some time in Arbroath, but the defender is now resident in Australia. The petitioner has discovered an address which may possibly find him, and edictal citation is accordingly inappropriate.
That of this date (1st July 1912) the summons in said action was signeted, and a service copy of the summons was posted to Australia with a view to service upon the defender. Before the summons can be called it is probable that at least three months must elapse.
That the petitioner has left her only child in New Haven, Connecticut, and has to pay for her board. Her money is nearly done, and she cannot afford to stay in this country for more than a few weeks. Moreover, her employer in New Haven has informed her that unless she can sail for America by the middle of July her situation must be forfeited.”
On counsel moving in Single Bills that the prayer of the petition be granted, the Court pronounced this interlocutor:—
“Remit the cause to Lord Dewar to take the evidence of the petitioner, said evidence to lie in retentis subject to the orders of the Lord Ordinary, or to appoint a commissioner to administer to the petitioner the oath de culumnia, and to take her evidence; to dispense with interrogatories and with the reading in the minute book; and to order the deposition of the petitioner, and productions, if any, to be sealed up by the commissioner and transmitted to the Clerk of Court to lie in retentis subject to the orders of the Lord Ordinary.”
Counsel for the Petitioner— Dunbar. Agent— Robert Gibb, W.S.
