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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Pitcairn v. Smith [1872] ScotLR 9_608 (10 July 1872) URL: http://www.bailii.org/scot/cases/ScotCS/1872/09SLR0608.html Cite as: [1872] SLR 9_608, [1872] ScotLR 9_608 |
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Page: 608↓
Admission by the defender of intercourse with the pursuer 237 days before the birth of the child, coupled with medical evidence that the child was small, held sufficient to prove the paternity.
In an action of filiation and aliment, the defender admitted intercourse with the pursuer on one occasion, 237 days before the birth of the child, but averred that the pursuer had intercourse with other men corresponding to the time of conception of the child. This averment he failed to prove. On the other hand, there was no proof of previous intercourse by the defender during that year. The medical man who attended the pursuer at the birth of the child was called as a witness for the defender, and deponed that there was nothing to indicate that it was a premature child, although it was a very small child.
The Sheriff-Substitute ( Lawrie) assoilzied the defender.
The Sheriff ( Glassford Bell), on appeal, found the paternity proved, to which the Court adhered.
Counsel for Pursuer— Guthrie Smith and Lang. Agents— Muir & Fleming, S.S.C.
Counsel for Defender— Millar, Q.C., and M'Kechnie. Agent— James Campbell Irons, S.S.C.
