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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mackellar v Mackellar [1838] CS 16_1149 (16 June 1838) URL: http://www.bailii.org/scot/cases/ScotCS/1838/016SS1149.html Cite as: [1838] CS 16_1149 |
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Page: 1149↓
Subject_Aliment—Husband and Wife.—
In an action for aliment by a married woman against her husband, who had separated from her, and whose sole estate consisted in his income as master of a trading vessel, amounting to £100—aliment of £30 per annum awarded to the pursuer, with the furniture of a room and kitchen (failing which £5 per annum additional), and expenses of process.
The defender, Mackellar, master of a brig trading to Barbadoes, having separated from his wife, Helen Mackellar, she brought an action against him for aliment. Before answer on the summons and defences, the Court allowed the defender to give in a condescendence of his means and estate, and the pursuer to give in answers thereto, decerning for a sum of interim aliment to be paid to the pursuer and her curator ad litem. It appeared that the annual amount of the defender's wages as master of the trader was £100, and he alleged that he had no other means or estate, while his situation as master was precarious. It was alleged, however, by the pursuer that his share of passage-money, and other perquisites, raised his income to £200.
The defender having made an offer of £30 per annum of aliment,
The Court, holding the offer reasonable, in the circumstances, decerned for the said sum, together with the furniture of a room and kitchen; failing which, for £5 per annum additional to the pursuer, and found the defender liable in expenses.
Solicitors: J. Stuart, S.S.C.— Fisher and Duncan, S.S.C.—Agents.