BAILII [Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Greig v Morice [1838] CS 16_1132b (9 June 1838)
URL: http://www.bailii.org/scot/cases/ScotCS/1838/016SS1132b.html
Cite as: [1838] CS 16_1132b

[New search] [Help]

SCOTTISH_Court_of_Session_Shaw

Page: 1132↓

016SS1132b

Greig

v.

Morice

No. 210

Court of Session

1st Division B

June 9 1838

Ld. Cockbrun.

Ann Greig,     Pursuer.— Counsel:
H. G. Bell. William Morice,     Defender.— Counsel:
M'Neill— Cook.

Subject_Proof—Semi-plena Probatio—Bastard.— Headnote:

Held (in conformity with M'Naughton v. Glass, ante, p. 1103), that, where the oath in supplement, emitted by the mother of a bastard-child, does not support the previous semi-plena probatio, but contradicts and over throws it in essential particulars, the proof is not complete, and decreet absolvitor should be pronounced.


Facts:

Sequel of the case reported ante, p. 338, which see. It was then found, as in the case of M'Naughton, 1 that a semiplena probatio was established, and the pursuer's oath in supplement was allowed. The oath expressly bore that the defender had had carnal connexion with the pursuer

_________________ Footnote _________________

1 June 2, 1838 (ante, p. 1108, which see).
and was the father of the pursuer's child. But it was destructive of the evidence of the principal witness on whose testimony the semiplena probatio had been found to be established. * The Court, therefore, on the principles which were announced by their Lordships in the case of M'Naughton, found that the Sheriff had done right in assoilzieing the defender, and remitted to him simpliciter. On this occasion Lord Core-house, who had not been present when the case of M'Naughton was decided, concurred with the rest of the Court in the judgment pronounced.

Solicitors: D. Ogilvy, W.S.— J. P. Bertram, W.S.—Agents.

_________________ Footnote _________________

* In reference to the discussion in M'Naughton, Feb. 17, 1838 (ante, p. 614), it may be observed that, at the examination of Greig, the defender's agent commenced by an examination in detail as to all relevant circumstances, after which the pursuer's agent put the general questions as to carnal connexion, and the paternity of the child.

SS 16 SS 1132 1838

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/scot/cases/ScotCS/1838/016SS1132b.html