Mrs. Baillie - Romill - Cler - Robinson v. General Baillie - Cranstou - Jeffre - Fullerto - Cockburn [1821] UKHL 1_Shaw_27a (23 June 1821)

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Page: 27

(1821) 1 Shaw 27a

CASES DECIDED IN THE HOUSE OF LORDS, ON APPEAL FROM THE COURTS OF SCOTLAND.

2 d Division.

No. 9.


Mrs. Baillie,     Appellant.—Romilly—Clerk—Robinson

v.

General Baillie,     Respondent.—Cranstoun—Jeffrey—Fullerton—Cockburn

May 23. 1821.

Bill-Chamber.

Lord Reston.

Subject_Divorce. —

Held (affirming the judgment of the Court of Session,) that there were facts and circumstances proved against the appellant to establish adultery, and to infer decree of divorce.

This was an action of divorce, at the instance of General Baillie against his wife on the head of adultery, in which the sole question was, whether the fact alleged was proved ? The Commissaries, having found it established, decerned in terms of the libel; and the Court of Session, on the report of the Lord Ordinary, refused a bill of advocation. Mrs. Baillie having appealed, the House of Lords “Ordered and adjudged that the appeal be dismissed, and the interlocutors complained of affirmed.”

Solicitors: Spottiswoode and Robertson,— C. Berry,—Solicitors.

( Ap. Ca. No. 21.)

1821
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