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Mrs Annie Lawson or Surtees v Robert Wotherspoon: SCS 20 Jan 1872

This was an action of declarator of marriage founded upon promise subsequente copula, or alternatively, for damages for breach of promise of marriage.
Held: Circumstances in which the judicial examination of the defender in a declarator of marriage was refused, there being no undue concealment or suspicion attaching to him, and no necessary probability of a penuria testium.
Opinion by the Lord President that judicial examination is still competent after proof has been led

Citations:

[1872] SLR 9 – 230

Links:

Bailii

Jurisdiction:

Scotland

Family

Updated: 16 September 2022; Ref: scu.576194

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